Delaware Code Title 6 Sec. 3403 – Provision of information to purchasers of residences
(a) When the owner of any residence subject to an energy service agreement enters into a contract for the sale of such residence, the owner must provide the energy service company with notice thereof at least 30 days prior to settlement.
Terms Used In Delaware Code Title 6 Sec. 3403
- Contract: A legal written agreement that becomes binding when signed.
- Energy service agreement: means a contract between a homeowner and an energy service company by which the energy service company is to provide residential heating fuel to the homeowner's home and/or service the residential heating system. See Delaware Code Title 6 Sec. 3401
- Energy service company: means any person engaged in the sale of residential heating fuel and/or the service of residential heating systems. See Delaware Code Title 6 Sec. 3401
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Residential heating system: means all equipment necessary for the storage and transmission of residential heating fuel and the conversion thereof to energy for the purpose of heating a residence and/or heating hot water to be used in the residence. See Delaware Code Title 6 Sec. 3401
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) No later than 15 days prior to the scheduled settlement, the energy service company shall provide to the prospective purchaser a copy of any agreement the energy service company proposed to have the purchaser sign as a condition to the continuation of the energy service company’s services after the sale.
(c) This 15 day notice period may be waived only by the prospective purchaser, and then only in writing signed by the purchaser acknowledging the purchaser’s understanding of entitlement to 15 days to consider any proposed energy service agreement.
(d) If the energy service company fails to comply with subsection (b) of this section and the purchaser does not waive in writing such noncompliance, then, unless the purchaser agrees otherwise, the energy service company shall be required to remove the residential heating system equipment owned by the energy service company from the premises. Removal of the residential heating system equipment shall be, except as provided below, at the energy service company’s expense and shall be completed within 30 days after the sale; provided, however, that no energy service company shall be permitted to remove any equipment or refuse to supply fuel between the months of October and April unless the owner waives this restriction in writing. If the new owner refuses to enter into a contract with the energy service company and refuses to provide the written waiver to remove the equipment, the use of the equipment and supply of the fuel shall be billed to the new owner, at the energy service company’s regular rates, on a monthly basis until such time as the equipment may be removed in compliance with the terms of this subsection.