Delaware Code

6 Del. C. § 3404 (2026)

Limitation of liability upon transfer of residential heating system equipment

✓ current as of May 2026

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If the owner of a residence requires the settlement of residential heating system equipment pursuant to § 3402(a)(3) of this title, the purchasing energy service company shall perform such inspection of the residential heating system equipment as it deems appropriate. The sale may be completed only if the purchasing energy service company gives the owner of the residence a written certification that the equipment to be purchased has been properly installed and is in good working order. If, upon inspection, the condition of the residential heating equipment is not to the satisfaction of the purchasing energy service company, the purchasing energy company shall give the homeowner a list of conditions or repairs needed. The purchasing energy service company may refuse to complete the purchase if such repairs or conditions are not met. At or before the sale of such residential heating system equipment, the purchasing energy service company shall give the selling energy service company a written release of all liability arising out of or relating to the sale of, installation of, service of or provision of fuel for such residential heating system equipment. The selling energy service company may refuse to complete the sale absent such release.

71 Del. Laws, c. 238, § 1;

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: Travelers Cas. & Sur. Co. of Am. v. Bancorp Bank, 691 F. Supp. 2d 531 (D. Del. 2009).

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Travelers Cas. & Sur. Co. of Am. v. Bancorp Bank, 691 F. Supp. 2d 531 (D. Del. 2009). · cites it 2× “6 Del. C. §§ 3404(c), 3405(c). Plaintiff argues that it would not have a cause of action under § 3404 of the UCC because Sautner neither indorsed the disputed cheeks in a name substantially similar to the payee’s name nor deposited the checks into an account with a name that is…”

— 6 Del. C. § 3404(c) — 1 case

Travelers Cas. & Sur. Co. of Am. v. Bancorp Bank, 691 F. Supp. 2d 531 (D. Del. 2009). “6 Del. C. §§ 3404(c), 3405(c). Plaintiff argues that it would not have a cause of action under § 3404 of the UCC because Sautner neither indorsed the disputed cheeks in a name substantially similar to the payee’s name nor deposited the checks into an account with a name that is…”

— 6 Del. C. § 3404(d) — 1 case

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