Delaware Lemon Law

Written by SkyRidge Law Editorial Team Last updated 6 min read

Key takeaways

  • Protection period: the term of the warranty or one year after original delivery, whichever is earlier.
  • Repair attempts: substantially the same nonconformity subject to repair 4 or more times within that period and it continues to exist.
  • Days out of service: out of service for repair a cumulative total of more than 30 calendar days. The count starts when the consumer presents the vehicle for service and a written document describing the nonconformity is prepared.
  • The law is Del. Code Ann. tit. 6, §§ 5001 to 5009. Read it with your repair orders and your warranty in front of you.
On this page
  1. Delaware lemon law at a glance
  2. Does your vehicle qualify in Delaware?
  3. Notice, dispute programs and deadlines
  4. What you can recover
  5. Federal warranty law also applies
  6. Talk to us about your Delaware vehicle
  7. Frequently asked questions

Delaware's lemon law is Del. Code Ann. tit. 6, §§ 5001 to 5009, the Delaware Automobile Warranties (Lemon Law), 6 Del. C. Chapter 50. It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.

Delaware lemon law at a glance

Statute Del. Code Ann. tit. 6, §§ 5001 to 5009
Official name Delaware Automobile Warranties (Lemon Law), 6 Del. C. Chapter 50
Vehicles covered Passenger motor vehicles leased or bought in Delaware or registered by the Delaware Division of Motor Vehicles. Excludes the living facilities of motor homes.
Protection period The term of the warranty or one year after original delivery, whichever is earlier.
Repair attempts Substantially the same nonconformity subject to repair 4 or more times within that period and it continues to exist.
Days out of service Out of service for repair a cumulative total of more than 30 calendar days. The count starts when the consumer presents the vehicle for service and a written document describing the nonconformity is prepared.
Notice to the manufacturer The presumption applies only if the manufacturer received prior direct written notice from or for the consumer and had an opportunity to repair or correct the nonconformity.
Dispute programs If the manufacturer's informal dispute procedure has a certificate of approval from the Division of Consumer Protection, the consumer must use it first. If it is not certified, the consumer may seek the chapter's remedies directly.
Remedies A comparable new automobile acceptable to the consumer, or repurchase with a refund of the full purchase price, including trade-in credits and related purchase costs. The consumer has an unqualified right to refuse a replacement and demand repurchase. The use allowance may not exceed the full purchase price multiplied by miles driven before the first report of the nonconformity, divided by 100,000.
Attorney's fees Yes, at the court's discretion. The court may award the plaintiff costs and reasonable attorney's fees, and may award fees to the defendant if the action is in bad faith or frivolous.
Used vehicles No used-car lemon law in this chapter. A person to whom the automobile is transferred during the express warranty is a 'consumer'.

Does your vehicle qualify in Delaware?

The law covers passenger motor vehicles leased or bought in Delaware or registered by the Delaware Division of Motor Vehicles. Excludes the living facilities of motor homes. The protection period is the term of the warranty or one year after original delivery, whichever is earlier. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:

  • Repeated repairs: Substantially the same nonconformity subject to repair 4 or more times within that period and it continues to exist.
  • Days out of service: Out of service for repair a cumulative total of more than 30 calendar days. The count starts when the consumer presents the vehicle for service and a written document describing the nonconformity is prepared.

As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.

Notice, dispute programs and deadlines

The presumption applies only if the manufacturer received prior direct written notice from or for the consumer and had an opportunity to repair or correct the nonconformity.

If the manufacturer's informal dispute procedure has a certificate of approval from the Division of Consumer Protection, the consumer must use it first. If it is not certified, the consumer may seek the chapter's remedies directly.

Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.

Questions about your vehicle's repair history?

Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.

What you can recover

A comparable new automobile acceptable to the consumer, or repurchase with a refund of the full purchase price, including trade-in credits and related purchase costs. The consumer has an unqualified right to refuse a replacement and demand repurchase. The use allowance may not exceed the full purchase price multiplied by miles driven before the first report of the nonconformity, divided by 100,000. Yes, at the court's discretion. The court may award the plaintiff costs and reasonable attorney's fees, and may award fees to the defendant if the action is in bad faith or frivolous. Many claims are also resolved by a negotiated settlement. See buyback and replacement.

Federal warranty law also applies

The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Delaware's lemon law, for example some used vehicles sold with a warranty or a service contract.

Talk to us about your Delaware vehicle

SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.

Frequently asked questions

How many repair attempts make a car a lemon in Delaware?

Under Del. Code Ann. tit. 6, §§ 5001 to 5009, the presumption is met when substantially the same nonconformity subject to repair 4 or more times within that period and it continues to exist. The law also counts time in the shop: out of service for repair a cumulative total of more than 30 calendar days. The count starts when the consumer presents the vehicle for service and a written document describing the nonconformity is prepared.

Does the Delaware lemon law cover used cars?

No used-car lemon law in this chapter. A person to whom the automobile is transferred during the express warranty is a 'consumer'. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.

Do I have to notify the manufacturer in Delaware?

The presumption applies only if the manufacturer received prior direct written notice from or for the consumer and had an opportunity to repair or correct the nonconformity. Keep a copy of anything you send and proof of delivery.

Do I have to go to arbitration in Delaware?

If the manufacturer's informal dispute procedure has a certificate of approval from the Division of Consumer Protection, the consumer must use it first. If it is not certified, the consumer may seek the chapter's remedies directly.

Can I recover attorney's fees under the Delaware lemon law?

Yes, at the court's discretion. The court may award the plaintiff costs and reasonable attorney's fees, and may award fees to the defendant if the action is in bad faith or frivolous. We explain exactly how fees work in your case before you sign anything.

Sources

  1. Delaware Code Title 6, Chapter 50, Automobile Warranties (delcode.delaware.gov)

Questions about your vehicle's repair history?

Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.

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