Delaware Lemon Law for New Vehicles
The Delaware Lemon Law was passed to protect consumer rights when purchasing a new vehicle or when leasing a new vehicle from a dealer. The Delaware Department of Justice will actively protect a consumer’s rights if new vehicle (purchased or leased) does not conform to the stated warranty condition via the Consumer Protection Division.
Vehicles Covered
The Delaware Lemon Law protects all fully purchased and leased new vehicles for a one year period or during warranty period (whichever ends first will be the cut-off date for the period).
Qualifications
The newly purchased or leased vehicle must have a defect that could not be corrected within four (4) repair attempts and/or the defect issue has forced the vehicle to be inoperable for thirty days or more.
Malfunction
Any defect or malfunction not conforming to the warantee condition which substantially:
- prevents the vehicle from being useable (transmission malfunction, engine defects)
- violates the safety requirements for operating a motor vehicle (faulty breaks or wiring)
- affect the value of the vehicle (damage to the body or structure).
Party At Fault
The defect or malfunction must be the result of faulty manufacturing or dealer handling.
Compensation
The dealer may have to:
- Replace the vehicle to the satisfaction of the consumer
- Repurchase the vehicle from the consumer
- If a lease is in effect and a replacement issue is given no alterations (i.e. payment plan, finance agreements) may be made to said sales contract.
How To File
1. Maintain a file consisting of all the documents filed and produced as a result of the vehicle purchase/lease (i.e. Vehicle Bill of Sale, Manufacturer’s Certificate, Any paperwork regarding inspections or tests required by the state)
2. Document all indications of the malfunction in question (dates, times, vehicle performance)
3. Contact the dealer and seek a resolution to the problem. If the dealer is unresponsive at first, it is recommended to send a certified letter.
4. Keep track of all attempts to repair the defect and any repairs necessary as a result of the defect. It is generally helpful to keep a written record with any available receipts.
5. If unsuccessful one may seek a resolution by contacting the Consumer Protection Division of the Delaware Department of Justice.
6. The Consumer Protection Division will act quickly, particularly if there is ample documentation to prove the lemon law has been broken. If it is ruled that the consumer’s vehicle does not meet the requirements for the lemon law to be applicable, the consumer does retain the right to enter a civil suit with the seller.
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