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Delaware Lemon Laws

Ah, that new car smell. It's actually the chemical glue used on the components, but who cares? You just got that new (or at least new to you) car and you can’t wait to take it out for a spin. But what do you do when your new car starts having old car problems, especially after just a few trips around the block?

You might be worried you’ve got a "lemon" on your hands. So where do you turn if your new car has a habitual problem no dealer or a repair shop can seem to fix? Luckily you live in a state that has protections for new car buyers. This is a quick summary “lemon laws” in Delaware.

State Lemon Laws

Most states have enacted specific lemon laws to offer some financial protections for new car owners, rather than sticking them with a sputtering or even nonfunctioning vehicle. Delaware’s statutes are similar to lemon laws in other states, and require the dealer to replace the car or refund the purchase price during the term of warranty or during a period of 1 year following date of original delivery to consumer, whichever is earlier.

Lemon Laws in Delaware

Lemon law statutes in Delaware are highlighted in the chart below.

Code Section Tit. 6 §5001, et seq.
Title of Act Automobile Warranties
Definition of Defects Nonconformity to any applicable express warranty which substantially impairs the use, value, or safety of motor vehicle
Time Limit for Manufacturer Repair Term of warranty or during period of 1 year following date of original delivery to consumer, whichever is earlier
Remedies Consumer's option: replace with comparable new automobile acceptable to consumer or repurchase and refund full purchase, including all credits and allowances for any trade-in vehicle

Here are a few general lemon law guidelines if you’re unsure whether you’re new car is a lemon:

  • Your vehicle must have a substantial nonconformity that appears within a certain time after purchase;
  • The nonconformity must be covered by a warranty; and
  • The nonconformity must continue to exist, even after a reasonable number of attempted repairs.

Related Resources for Lemon Laws

It can be heartbreaking to have a broken down new car. If you would like legal assistance with a possible lemon law matter, you can consult with an experienced lemon law attorney in Delaware. You can also visit FindLaw's lemon law section for more articles and resources on this topic.

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