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Delaware - Title 6 §5001

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Vehicles Covered:

Any passenger motor vehicle sold, leased or registered in state. Excludes motorcycles and the living facilities of motor homes.

Persons Covered:

Whichever is first: one year after date of original delivery or first 12,000 miles.

Period Covered:

Whichever is first: two years following the date of delivery or first 18,000 miles.

Notice Requirement:

(a) Manufacturer - none; (b) Consumer - written notice to the manufacturer by or on behalf of the consumer; opportunity to cure.

Repair Requirements:

It is presumed that a reasonable number of attempts have been made if the same nonconformity has been subjected to four or more repairs, or the vehicle is out of service for 30 or more calendar days.

Affirmative Defenses:

The nonconformity does not substantially impair the use or market value of the vehicle, or is the result of abuse, neglect, or any unauthorized modifications or alterations.

Replacement/Refund:

At the consumer's option, the manufacturer shall replace with a comparable new automobile acceptable to the consumer, or repurchase the automobile and give the consumer a full refund minus a reasonable allowance for use (defined).

Other Reimbursement:

Incidental costs (defined), other charges and fees.

Other remedies:

There is no limit on other consumer remedies. Violation is unlawful trade practice.

Arbitration:

For remedies under this action, a consumer must use an informal settlement procedure if the division of consumer affairs approves it.

Resale of Lemon:

 

Disclaimer: Please note that statutes may have been amended since the book was originally published in 2005.
Please consult your Secretary of State or local DMV office for the most recent and up to date statutes for the California Lemon Law.