What Are The Possible Outcomes?

Tue, 29 May 2007 21:19:00 GMT

If it has been decided that your vehicle is a lemon, you may choose between either a refund or a new replacement vehicle that is acceptable to you. You have the right to decline a replacement vehicle in favor of a refund.

In your refund, the manufacturer is entitled to deduct a reasonable allowance for vehicle use, usually computed based on the number of miles driven before the first report of the defect, as well as a reasonable allowance for damage not attributable to normal wear and tear (this would not include damage resulting from the said defect). After this deduction, you are entitled to receive the refund of the purchase price as well as any incidental costs, all credits and allowances for any tradein vehicle, and other charges and fees.

If the following conditions prevail, you are not eligible for legal remedy under the Lemon Law:

The manufacturer proves that it has not had a reasonable opportunity to repair your car. For example, they prove that the number of repair attempts was not reasonable because you did not follow the terms of the warranty or some event (such as a labor strike, war, or natural disaster) prevented timely repairs.
If the manufacturer proves that no problem exists or that the problem does not substantially impair the vehicle`s use, value, or safety.
If the defect was the result of abuse, neglect, unauthorized alterations or modifications, or an accident.

Does The Manufacturer Have To Tell Potential Purchasers Of The Car That It Was Deemed A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

Yes.

Does The State Of Delaware Have A Used Car Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

No.

What Are My Options For Action Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

If the manufacturer does not repair the defect, or if the repairs are unsuccessful, you have the following options:

Manufacturer`s Arbitration Program: Although you are permitted to file a lawsuit under the Lemon Law, before you may do so the law requires that you first use the manufacturer`s dispute settlement program, as long as it is approved by the Delaware Division of Consumer Affairs. Arbitration, also known as informal dispute settlement, is an informal process consumers may use to obtain speedy resolution of a warranty dispute without having to go to court, and it is legally binding on the manufacturer. At an arbitration hearing, the seller and buyer testify before an arbitrator about the condition of the vehicle.
The program is required to complete the proceedings and notify you of a decision within 65 days of the date that you requested use of the program.
After this decision is made, the manufacturer has 30 days after your acceptance of the decision to implement the decision (i.e., to provide you with a refund or replacement, if the decision was in your favor).
Court Action: If you have met the Lemon Law requirements listed above and are not satisfied with results from the manufacturer`s arbitration program, or if the manufacturer does not have an arbitration program that meets federal requirements and regulations, then you may go to court. If you do seek court action, you should consult an attorney.
If the court rules in your favor, in addition to receiving a refund or replacement, you may be able to also receive attorney fees.

What Do I Need To Do Before I Can Claim That My Car Is A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

The vehicle must have been taken in for a reasonable number of attempts to repair the defect(s). It is already presumed that your vehicle has undergone a reasonable number of attempts in the following situations:

If you have taken the car in for at least four repair attempts for the same defect, and the defect continues to exist;
Or, if the car has been out of service for a cumulative total of 30 or more calendar days while being repaired for any number of defects, and the defect continues to exist. This 30day period may be extended if repairs cannot be performed due to conditions beyond the control of the manufacturer, such as war, strike, or natural disaster.

You must provide written notification of the defect to the manufacturer (not your dealer), and give them one final chance to repair the defect. Be sure to send this notice via certified mail, return receipt requested. A violation will not be presumed under the Lemon Law unless you provide such notification.

What If My Problem Does Not Fit The Requirements Of My State's Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

You still may be able to invoke the Lemon Law as long as you can justify that the number of repair attempts or days out of service you encountered were unreasonable.

You may also have other rights under other state and federal laws, such as the following: the federal MagnusonMoss Warranty Act, the Uniform Commercial Code (UCC), your service contract or extended warranty, secret warranties, implied warranties, express warranties, unfair and deceptive acts and practices (UDAP), or strict liability and negligence. Consult an attorney, the South Dakota Office of the Attorney General, or the Center for Auto Safety to determine which remedy would be best for your situation.

What Is The Lemon Law Term Of Protection?

Tue, 29 May 2007 21:19:00 GMT

The term of protection is for the first year of ownership from the day of delivery, or the warranty period, whichever occurs first.

What Types Of Defects Are Covered?

Tue, 29 May 2007 21:19:00 GMT

It covers defects that substantially impair the use, safety, or value of the vehicle, that are not the result of abuse, neglect, or unauthorized modifications or alterations to the vehicle.

What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

This law covers any passenger motor vehicle that is sold, leased, or registered in the state of Delaware.

The law does not cover motorcycles and the living facilities of motor homes.

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

Passenger motor vehicles. Does not include motor homes (other than the chassis) or motorcycles.

4 repair attempts or 30 business days out of service.

Warranty period or 1 year.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Where Can I Get More Information About The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Delaware Office of the Attorney General
Fraud and Consumer Protection Unit
820 North French Street
Wilmington, DE 19801
3025778400
www.state.de.us/attgen/organiza.htm#Fraud and Consumer

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
www.autosafety.org
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (http://cartalk.cars.com/Tools/carreport.pl) on your car, to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW, Washington, DC 20590
Auto Safety Hotline: 8004249393
NHTSA can give you information on the safety recall history of your vehicle.

Free Lemon Law Attorney FAQs

Sun, 29 Nov 2009 12:15:52 GMT

Free Lemon Law Attorney FAQs