Delaware Lemon Law

[MarvBear]

Information from NADA Title & Registration Textbook 2004

 

Delaware Lemon Law

 

Yes- If a new automobile does not conform to the manufacturer’s express warranty, and the consumer reports the nonconformity to the manufacturer or its agent or dealer during the term of the warranty or during the period of one (1) year following the date of original delivery of an automobile to the consumer, whichever is earlier, the manufacturer shall make, or arrange with its dealer or agent to make within a reasonable period of time, all repairs necessary to conform the new automobile to all the warranty, notwithstanding that the repairs or corrections are made after the expiration of the term of the warranty or the one (1) year period. It shall be presumed that a reasonable number of attempts have been undertaken to conform a new automobile to the manufacturer’s express warranty it within the warranty term or during the period of one (1) year following the date of the original delivery of the motor vehicle to a consumer, whichever is the earlier date:

 

(1) Substantially, the same nonconformity has been subject to repair or correction for (4) or more times by the manufacturer, its agents or its dealers and the nonconformity continues to exist; or

(2) The automobile is out of service by reason of repair or correction of a nonconformity by the manufacturer, its agents or its dealers for a cumulative total of more than 30 calendar days since the original delivery of the motor vehicle to the consumer. This 30-day limit shall commence with the first day on which the consumer presents the automobile to the manufacturer, its agent or dealer for service of the nonconformity and a written document describing the nonconformity is prepared by the manufacture, its agent or dealer. The 30-day limit shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer, its agents or it dealers, including war, invasion, strike, flood, or other natural disaster.

 

The presumption provided above shall not apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has had an opportunity to repair or correct the nonconformity; provided, however, that if the manufacturer does not directly attempt or arrange with its dealer or agent to repair or correct the nonconformity the manufacturer may not defend a claim by a consumer on the ground that the agent or dealer failed to properly repair or correct the nonconformity or that the repairs or corrections made by the agent or dealer caused or contribute4d to the nonconformity.

 

For remedies upon failure to repair, contact the Consumer Protection Unit of the Department of Justice at 820 N. French St., Wilmington, DE 19801.