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What is the Lemon Law in Delaware?
In the state of Delaware, if your vehicle is determined to be a lemon, you are entitled to a refund of your money minus a deduction for mileage from the mileage at the first repair, and the manufacturer also pays off your loan, and you return the vehicle to the manufacturer. Or in the alternative, you’re entitled to a replacement vehicle. You’d be entitled to a new vehicle in place of your current vehicle, and there’s also the possibility of cash compensation where you keep your vehicle. In all of those instances, the manufacturer’s required to pay the attorney’s fees as well.
What vehicles Are Covered Under the Delaware Lemon Law?
Delaware lemon law covers new passenger vehicles, SUVs, vans, and trucks that are purchased or registered in Delaware, as well as used cars that are sold by dealers within one year of the original purchase or before the expiration of the manufacturer’s warranty (whichever comes first). In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use, safety, or value of the vehicle
- Has manufacturer’s defects that occurred during the first year from the original owner’s delivery date or before the expiration of the manufacturer’s warranty (whichever period ends first)
- Has been taken in four times for the same problem or if it has been out of service for 30 calendar days due to a series of unrelated problems
- After the dealer has tried to repair the vehicle four times, the manufacturer has been notified and given an opportunity to repair the vehicle
Delaware Statutes Title 6, Subtitle II, Chapter 50, Sections 5001-5009 is the state’s Lemon Law.
Don’t be stuck with a lemon. You have legal rights to cash, return or buyback.
The law makes car manufacturers pay legal fees.
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Does the Delaware Lemon Law apply to used cars?
Typically a vehicle that is purchased used may still qualify as a lemon if it was purchased and the problems occurred while the vehicle was still under the manufacturers new car warranty or possibly covered by a certified pre-owned warranty or extended warranty. Finally it should be noted that a used vehicle that is purchased as is and without a warranty cannot qualify as a lemon under the DE Lemon Law.
Getting Lemon Justice — Relief Under Delaware Law
Delaware lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:
- The full purchase price
- Sales tax
- License and registration fees
- Dealer preparation fees
- Attorney’s fees
The amount of the monetary reward may be reduced by a deduction for your use of the vehicle. This is calculated by dividing the number of miles driven when you first reported the defect to the dealer by 100,000, and multiplying by the purchase price.
Pursuing a DE Lemon Law Claim
If you want to pursue a claim under Delaware’s lemon law, you must first send a notification to the manufacturer and give them one last chance to repair the vehicle. The demand letter should be sent by certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
Once you send the letter, the manufacturer must make a final repair attempt. If the problem still isn’t fixed, you must enter into the manufacturer’s dispute resolution process (for example, arbitration, conciliation, or mediation), if it is approved by the Department of Consumer Affairs, before you are eligible to file a Lemon Law claim in court. If you are offered a settlement through the arbitration process, you can decline the settlement and file suit.
Hiring a Lemon Law Lawyer in Delaware
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 15,000 people recover more than $35 million.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.
What Happens When You Hire a Lemon Law Lawyer?
A good lemon lawyer will work on your behalf to get the compensation to which you’re entitled — typically in the form of a refund, a replacement vehicle, or a cash settlement. Your Lemon Law attorney will ask you for all of your records, such as repair orders and correspondence, that pertain to your lemon. Your lawyer will conduct a thorough investigation of your vehicle’s repair history, then present the manufacturer with a statement outlining your case and demanding full recovery. More often than not, the manufacturer will settle; if not, though, your Lemon Law attorney should be prepared to sue the manufacturer. Your lawyer should be able to resolve your case within one to two months.
I bought a 2009 Honda Accord from Glacier auto 2 in new castle Delaware the engine went and now they have the car. I’m being charged for the car every month art 345.00 I have nothing to drive now and I’m about to lose my job. It’s under warranty and now they are asking if I can find a shop to fix my car. I need help.
I owned a 2009 Hyundai Genesis with 89,000 miles on it. I had for about a yr. My problem I thought was an easy fix. Anew battery. Upon having my mechanic do a diagnostic check. What he found was an electrical problem. The vehicle needed a brand new electrical harness. With a price tag of about $5,000.00. I tried to do a switch out through the finance company to no scale. At $380.00 a mo. I refused to pay that. So I took it to the finance company, and left it and the keys. They auctioned for $4000.00. Tag on what I left to pay etc. I received court papers with the sale and total that I am responsible for total of $7,000.00. I need help!!!