Delaware Lemon Law: Do You Qualify?

Delaware lemon law at a glance

Coverage window

A defect reported during the warranty term or 1 year after original delivery, whichever is earlier. No mileage limit is stated. The manufacturer must still make the repairs after that period ends.

Repair attempts

4 or more repairs of substantially the same defect by the manufacturer, its agents or dealers, and the defect still exists, create a presumption of a reasonable number of attempts. There is no separate count for safety defects.

Days out of service

More than 30 cumulative calendar days out of service for repair of a defect, within the same period. The count starts the first day you present the vehicle for service of the defect and a written document describing it is prepared.

Written notice

The presumption does not apply unless the manufacturer received prior direct written notification from you or on your behalf and has had an opportunity to repair or correct the defect. The act sets no method, deadline or length for the opportunity.

Defenses

The manufacturer can defend by showing the defect does not substantially impair the use, value or safety of the automobile, or results from abuse or neglect, or from unauthorized modifications or alterations by anyone other than the manufacturer, its agent or dealer. A manufacturer that does not itself attempt or arrange repairs may not blame the dealer for improper repairs.

Dispute program

If the manufacturer has an informal dispute procedure with a certificate of approval from the Division of Consumer Protection, you must use it first; otherwise you may go straight to court. A certified procedure may not delay a decision beyond 65 days. The Attorney General's page lists only American Honda Motor Company under "Registered Manufacturers" (we read "registered" as certified); check whether yours has a certified procedure.

Used vehicles and leases

The duty to repair applies to a "new automobile", and the Attorney General says the law "only applies to new vehicles". A person to whom an automobile is transferred during an express warranty is a consumer, so a later owner may be covered while the manufacturer's warranty runs; the act does not address a dealer or certified pre-owned warranty. "Automobile" includes a vehicle "leased or bought" in Delaware, and a consumer includes anyone entitled to enforce the warranty; the act has no lease refund provision.

Vehicles and manufacturers

The act covers "any passenger motor vehicle" except "the living facilities of motor homes". It does not define "passenger motor vehicle", and neither does the Motor Vehicle Code, which defines a motor vehicle as self-propelled (a trailer is not). A "manufacturer" makes, assembles or distributes to dealers at least 10 new automobiles a year.

Delaware lemon law: frequently asked questions

How many repair attempts or days out of service does Delaware presume?

The act requires "a reasonable number of attempts" to conform the automobile to the warranty, and presumes it at 4 or more repairs of substantially the same defect, with the defect still existing, or at more than 30 cumulative calendar days out of service, within the warranty term or 1 year after original delivery, whichever is earlier. The 30 days start on the first day you present the vehicle for service of the defect and a written document describing it is prepared, and are extended only for conditions beyond the control of the manufacturer, its agents or dealers, such as war, strike, fire, flood or other natural disaster. The manufacturer must also have received prior direct written notification from you or on your behalf and had an opportunity to repair. The act has no separate count for safety defects.

How long do I have to sue in Delaware?

Chapter 50 states no filing deadline. The general sales-contract provision says an action for breach of a contract for sale must be started within 4 years after the cause of action accrues; a breach of warranty occurs when delivery is made, except that a warranty that explicitly extends to future performance accrues when the breach is or should have been discovered. The parties may reduce that period to not less than one year. Whether that provision governs a claim under this chapter is a question for an attorney.

Does Delaware's lemon law cover used cars or leases?

The duty to repair applies to a "new automobile", and the Attorney General and the DMV say the law only applies to new vehicles. The definition of "consumer" also covers a person to whom an automobile is transferred "during the duration of an express warranty applicable to the automobile", so a buyer may be covered while the manufacturer's written warranty is still in effect; the act does not say whether a dealer or certified pre-owned warranty counts. For leases, the definition of "automobile" includes a vehicle "leased or bought in Delaware", but the act has no lease refund provision, so a lease refund is an estimate here.

What can I get if my vehicle qualifies in Delaware?

The manufacturer must replace the vehicle with a comparable new one that you accept, or repurchase it; you have the unqualified right to decline a replacement and demand the repurchase. A refund includes the full purchase, trade-in credits and related purchase costs, including sales taxes, registration fees and dealer preparation fees, less a reasonable allowance for use of at most the purchase price times your miles at first report divided by 100,000, and less a reasonable allowance for damage not attributable to normal wear and tear. It is made to you and the lienholder, if any, as your interests may appear. The act does not name finance charges, towing or rental costs in the refund.

Who pays the lawyer, and are there other remedies or penalties?

In a court action by a consumer against the manufacturer, its agent or authorized dealer for breach of an express warranty, the court may in its discretion award the plaintiff costs and reasonable attorney's fees, or the defendant reasonable attorney's fees if the action is brought in bad faith or is frivolous; it is not automatic. The act does not limit your other rights or remedies under Subtitle I of Title 6, and a violation of it is an unlawful practice under the consumer fraud statute (6 Del. C. § 2513). The Attorney General may seek a civil penalty of not more than $10,000 for each wilful violation, paid to the State, and a private cause of action is available to a victim of a violation of that subchapter; the act states no multiplied damages. The Attorney General's page says consumers are encouraged to file a complaint with its Consumer Protection Unit at any point.

Statutes cited on this page

• 6 Del. C. § 5002 (duty to repair a new automobile; reports within the warranty term or 1 year after original delivery, whichever is earlier)
• 6 Del. C. § 5001(1) (what an "automobile" is: a passenger motor vehicle leased or bought in Delaware or registered by the DMV; living facilities of motor homes excluded)
• 6 Del. C. § 5001(2) (who is a "consumer": the purchaser other than for resale, a transferee during the express warranty, or a person entitled to enforce it)
• 6 Del. C. § 5004(a) (presumption of a reasonable number of attempts: 4 or more repairs of the same nonconformity, or more than 30 cumulative calendar days out of service, within the warranty term or 1 year, whichever is earlier)
• 6 Del. C. § 5004(b) (the presumption does not apply unless the manufacturer received prior direct written notification and had an opportunity to repair)
• 6 Del. C. § 5003(a) (manufacturer replaces with a comparable new automobile or repurchases; the consumer has the unqualified right to decline a replacement and demand repurchase)
• 6 Del. C. § 5003(c) (refund of related purchase costs less a reasonable allowance for use, capped at the purchase price x miles before first report / 100,000, and less a reasonable allowance for damage not attributable to normal wear and tear)
• 6 Del. C. § 5003(d) (refunds are made to the consumer and the lienholder as their interests may appear)
• 6 Del. C. § 5006 (affirmative defenses: no substantial impairment of use, value or safety; abuse or neglect; unauthorized modifications or alterations)
• 6 Del. C. § 5007(a) (certified informal dispute settlement procedure must be used first; otherwise the consumer may sue immediately)
• 6 Del. C. § 5005 (court may award the plaintiff costs and reasonable attorney's fees, or the defendant's fees if the action is in bad faith or frivolous)
• 6 Del. C. § 2-725(1) (U.C.C. four-year limitation for an action for breach of a contract for sale; chapter 50 has no period of its own)
• 6 Del. C. § 5008 (the chapter does not limit the consumer's rights or remedies under Subtitle I of Title 6)
• 6 Del. C. § 5009 (a violation of the chapter is an unlawful practice as defined in § 2513)
• 6 Del. C. § 2522(b) (civil penalty of not more than $10,000 for each wilful violation, paid to the State, on the Attorney General's petition)
• 6 Del. C. § 2525(a) (a private cause of action is available to any victim of a violation of the Consumer Fraud subchapter)
• Delaware Department of Justice, Delaware Lemon Law (informal procedures; consumers may file a complaint with the Consumer Protection Unit at any point)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.