Del. P.J.I. Crim. No. 11.917(b)(1)

NEW HOME CONSTRUCTION FRAUD

In order to find Defendant guilty of New Home Construction Fraud, you must

find the State has proved the following four (4) elements beyond a reasonable doubt:

(1) Defendant entered into a new home construction contract;

(2) Defendant used any false pretense or promise;

(3) Defendant intended to deprive a person of property (or intended to

appropriate property); and

(4) Defendant acted intentionally.

New Home Construction Fraud is a misdemeanor, unless the [(contract

price/total amount paid) is $1,500 or more/(victim) was 62 years of age or older at the

time of the charged offense/Defendant was previously convicted under this section of

the Code]. In any one of these circumstances, New Home Construction Fraud is a

felony. In this case, the State is charging Defendant with New Home Construction

Fraud [Misdemeanor/Felony].

In calculating the amount of the home buyer’s loss, the loss is the lesser of the

total of all payments actually made by the home buyer; or the cost to the home buyer

to complete the new home construction according to the terms of the original new

home construction contract, whether or not the new home is actually completed.

“Intentionally” means it was Defendant’s conscious objective or purpose to

deprive someone of property, or to appropriate property.

“Dwelling” means a building that is usually occupied by a person who lives

there at night. For the purposes of this offense, the term does not include a mobile

home.

“New home construction” means the erection, installation or construction of a

dwelling on a fixed foundation on land owned or purchased by a home buyer. Land

is “purchased” when the home buyer acquires it by sale, negotiation, mortgage, pledge,

lien, gift or any other transaction creating an interest in the property either before the

new home construction contract is formed or as part of the new home construction

contract.

“New home contractor” means any person who offers or provides new home

construction services as a general contractor or a sub-contractor and includes an

architect, engineer or real estate broker or agent.

“New home construction contract” means any agreement, whether written or

oral, between a new home contractor and a home buyer where the new home

contractor agrees to provide new home construction services in exchange for payment.

“Deprive” means to withhold someone else’s property permanently or for such

an extended period of time so as to obtain a major part of the property’s economic

value.

"Appropriate" means to exercise control over someone else’s property

permanently or for such an extended period of time so as to obtain a major part of the

property’s economic value.

“Payment of money” means the tender of money or other valuable benefit by a

home buyer, or by a lending institution on behalf of the home buyer, to a new home

contractor as part of a new home construction contract.

“False pretense” means a pretense that intentionally creates or reinforces a false

impression about a present or past fact.

“False promise” means a promise or representation, express or implied, that

Defendant or a third person will in the future engage in particular conduct when

Defendant does not intend to engage in such conduct or when Defendant does not

believe the third person intends to engage in such conduct.