Lemon Law in Delaware

Delaware Lemon Law

Your car will be classified as a lemon if it has a defect that doesn't meet the manufacturer's warranty and:

  • It has been out of service for a total of 30 days or longer.
  • At least 4 attempts have been made to fix the issue.

NOTE: The defect must occur within 1 year of purchasing the vehicle or within the warranty period.

The lemon law is enforced by the Delaware Department of Justice, Fraud and Consumer Protection Division Division. All new cars and trucks are covered by the lemon law. It also covers nonconformities with the expressed warranty of the vehicle. These nonconformities impair the use, safety, or value of the vehicles.

Delaware offers an online brochure, Delaware's Lemon Law, covering the specifics of the lemon law. The brochure is available online using the free Adobe Reader.

Filing Under the Delaware Lemon Law

Once your vehicle is classified as a lemon, the manufacturer must either:
  • Provide a replacement vehicle.
  • Repurchase the vehicle from you.

Your first instinct will be to work it out with the dealer and, most often you will be successful. Car dealers are licensed by the DMV and must follow requirements that protect consumers.

Unfortunately, there are occasions when you can't work it out with the dealer or car manufacturer. Luckily, you do have rights through the Delaware lemon law.

Under the Delaware lemon law, you'll generally have the option of choosing a new replacement vehicle or a total refund from your vehicle's manufacturer if repairs cannot be made in a reasonable amount of time after a reasonable amount of attempts.

Once you call the Fraud and Consumer Protection Division at (302) 577-8600, you should see results quickly and, if you are able to hire an attorney , your expenses may be reimbursed when you win your lemon law case.

NOTE: It is important to keep records and documents of your defective vehicle's service history and any correspondence you've had with the vehicle's manufacturer or authorized dealer. These documents may help to strengthen your case if you need to file a lawsuit.

Hiring a Delaware Lemon Law Attorney

If you're having difficulty getting compensation for your lemon from the vehicle manufacturer, you'll want to hire a lemon law attorney. Before you commit to a lawyer, keep the following tips in mind:

  • Do your research: Don't just choose the first attorney you speak to, consult with a number of lawyers to make sure you make the right choice.
  • Find an attorney with experience: Ask about previous lemon law cases they have handled and their success rate.
  • Stay local: Make sure your attorney is familiar with Connecticut lemon law. (Lemon laws vary depending on your state.)
  • Ask about fees and payment terms: Make sure you can afford your lemon law attorney and there aren't any hidden fees or terms.

Benefits of Lemon Law Attorneys

If you're not that experienced with the Delaware lemon law, or simply don't want the hassle of dealing with the manufacturer, an attorney can help handle your claim by:

  • Explaining your rights to you.
  • Ensuring the manufacturer obeys DE lemon law.
  • Making sure you get what you're entitled to.
  • Managing the entire case from start to finish.
  • Handling all paperwork for you.

A lemon law attorney can be well worth the cost, especially if the vehicle manufacturer is not meeting their legal obligations.

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