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- Tennessee Lemon Law Info – TN Lemon Law Attorneys
What is the Lemon Law in Tennessee?
In the state of Tennessee, 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 Tennessee Lemon Law?
Tennessee lemon law covers new passenger vehicles, SUVs, vans, motorcycles, and trucks that are purchased in Tennessee and that weight less than 10,000 pounds. 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 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 three times for the same problem or if it has been out of service for 30 calendar days
- The manufacturer has been notified in writing of the defect within one year from the delivery date or the expiration of the warranty (whichever period ends first), and has had a final opportunity to repair the vehicle
- You have participated in the manufacturer’s informal arbitration program, if one exists
Tennessee Code, Sections 55-24-201 through 55-24-212 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 Tennessee 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 TN Lemon Law.
Getting Lemon Justice — Relief Under Tennessee Lemon Law
Tennessee 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
- Manufacturer- or dealer-installed options
- Credit life and disability insurance charges
- Sales taxes
- Title charges
- License fees
- Registration fees
- Other reasonable expenses
- Attorney’s fees
The amount of the monetary reward may be reduced by a deduction for your use of the vehicle, which is calculated at a rate of one-half of the amount allowed per mile by the Internal Revenue Service for any miles driven, plus any damage exceeding that of normal wear and tear.
Pursuing a TN Lemon Law Claim
If you want to pursue a claim under Tennessee’s lemon law, you must first send a notification to the manufacturer, and give them a final opportunity to repair it. Send your letter by certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
Once the manufacturer receives your letter, they have ten days to repair the problem. You must also participate in the manufacturer’s informal dispute resolution process (if it complies with Federal Trade Commission regulations) before you are eligible to file a lemon law claim in court.
You can accept the findings of the arbitrator, or you can reject them and go to court. However, the suit must be filed within six months following the expiration date of your warranty term or within one year following the original delivery date of your vehicle, whichever is later.
Hiring a Lemon Law Lawyer in Tennessee
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 Tennessee 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 purchased a new 2018 Infiniti QX30 in June 2019. On October 12, 2019 the car was taken to the Infiniti of Memphis Service department because the traction and check engine lights were on; in addition, the car would barely accelerate. After two days I was told the car was ready. Two days later, the same issues started again. The car was returned to the service department and after 5 days or 6 I was told the car was ready for pick-up. Two days later the issues returned. This time I was entering the interstate and the car began losing acceleration and I was almost involved in a traffic accident. The car was returned to the service department on October 24, 2019 and has been there since. I was told they are waiting for an engineer to look at the car. This car is not safe to drive and puts my life in jeopardy. I was told by the Nissan arbitration representative on October 31, 2019 that the manufacturer will not buyback the car; however, I do not have the car in my possession and have no idea when the ‘engineer’ is coming to Memphis to look at the car. I need help because this has been an extremely stressful situation and I seem to be getting nowhere. Please help!!