Delaware Lemon Law
With over 30 years of trial and courtroom experience, and hundreds of 5-star reviews, we have the resources needed to take all measures necessary to provide for the best possible result in your Lemon Law case. Contact our lemon law attorneys for a free case review.
Delaware Lemon Law Overview
Delaware’s lemon law protections are found in Title 6, Chapter 50 of the Delaware Code and apply to new motor vehicles that do not conform to the manufacturer’s express warranty. The statutes define nonconformity, establish presumptions for repair attempts, and set forth the manufacturer’s obligations to replace or refund defective vehicles.
Definition of Nonconformity
Under 6 Del. C. § 5001, a nonconformity is a defect or condition that substantially impairs the:
- Use
- Value
- Safety
of an automobile.
Presumption of Reasonable Repair Attempts
Under 6 Del. C. § 5004, it is presumed that a reasonable number of repair attempts have been made when:
- The same nonconformity has been subject to repair four or more times by the manufacturer, its agents, or dealers, and the defect continues to exist, or
- The vehicle has been out of service for repair due to the nonconformity for more than 30 cumulative calendar days since original delivery
The 30-day period may be extended for conditions beyond the manufacturer’s control, such as natural disasters.
Manufacturer’s Duty to Repair, Replace, or Refund
If the manufacturer or its authorized dealers cannot conform the vehicle to the warranty after the required repair attempts or days out of service, 6 Del. C. § 5004 requires the manufacturer to:
Option 1: Replace the Automobile
- Provide a comparable vehicle
- Charge the consumer only a reasonable allowance for use
Option 2: Refund the Automobile
- Accept return of the automobile and refund:
- The full purchase price
- Sales tax
- License fees
- Registration fees
- Similar charges
Minus a reasonable allowance for prior use
Notification Requirement
The presumption of reasonable repair attempts applies only if:
- The manufacturer has received direct written notification from or on behalf of the consumer, and
- The manufacturer has had an opportunity to repair or correct the nonconformity
Under 6 Del. C. § 5004, if the manufacturer does not directly attempt or arrange for repairs, it cannot defend against a consumer claim on grounds that the dealer failed to properly repair the defect.
Summary
Delaware’s lemon law provides:
- A clear definition of nonconformity
- Statutory presumptions for repair attempts and days out of service
- Replacement or refund obligations
- Limits on the manufacturer’s ability to rely on dealer error
- Required consumer notification prior to applying presumptions
If you believe your vehicle may qualify as a lemon under Deleware law, contact Auto Lemon Lawyer today for guidance.
Why You Can Trust Auto Lemon Lawyer
- We Listen. The details of your experience and the damages it has caused you and your family are extremely important to us and your Lemon Law case.
- We Care. With us, you are not a number, a file in a cabinet, you are one of a kind and you matter, especially in your Lemon Law matters!
- Available Resources. We have the financial resources needed to take all measures necessary to provide for the best possible result in your Lemon Law case.
- Experience & Skills. Over 30 years of trial and courtroom experience, including extensive Lemon Law cases.
- Commitment. My life has always been based upon the philosophy if it is worth doing then it is worth doing it right. The value of the Lemon Law case has never dictated my effort or commitment. I do it one way, the right way, especially with Lemon Law.
- Integrity. Honor and character are the foundation of our firm, a principle we uphold in every Lemon Law case.
- Results. While we cannot promise results, we can promise hard work, commitment and integrity which have resulted in the recovery of millions on behalf of our Lemon Law clients. If you demand individual attention and a Lemon Law attorney who is committed to doing his best to represent you, especially in Lemon Law related cases, then you have found that attorney. Contact us and we will fight for you.
Real Clients, Real Results
Thank you Duck Law firm for your professionalism in helping me with my previous matter!
This experience was so easy! Duck Law Fiem is very professional and consistent. They keep me well informed and I ended up with a $20,000 settlement from GM! I would highly recommend them!
Thank you for assisting me in the lemon law process. Your law firm made me feel comfortable from the beginning. You kept me informed on all aspects of my case. I also really appreciate the professionalism as well. Thank you
Honestly, didn’t know what to expect when I started The lemon law process. Attorney was able to explain it to me very clearly. Process did take some time but in the end, I was extremely happy with the settlement and the services provided. Highly recommend Duck law firm.
They were great they did not perk me around like the lawer in lake Charles did in 2014 give them a call you will see results thanks Riley White
No hassle and got the dealership to own the issue. I am very pleased with the outcome and highly recommend Duck Law.
Working with Duck Law Firm was a very easy and professional process. They helped me settle my lemon law case for more than the expected amount. I am very pleased with their work and I would recommend others to give them a try.
I recently worked with Duck Law Firm on a quality issue with my truck, and they absolutely exceeded my expectations. From the very first consultation, the team was professional, responsive, and genuinely cared about getting me the best possible outcome. They explained everything clearly, kept me updated throughout the entire process, and fought hard on my behalf. What really impressed me was that they not only delivered on what they initially said they could achieve—they got me double the amount we were aiming for! The settlement was fair, and the whole experience was smooth and stress-free. If you're dealing with a lemon vehicle or manufacturer defect, I highly recommend Duck Law Firm. Kevin Duck and his team know their stuff and truly deliver results. Very satisfied client—thank you!
We had a great experience with Duck Law Firm. Answered all our questions and kept us up to date with the case we filed for the lemon law for our vehicle. They fought for us and got us more than we expected. Overall we are very satisfied and I would recommend them to anyone who needs help with the lemon law. Just reach out to them and they will answer your questions and will help you. If I could give more than 5 stars i definitely would.
Very professional and Most of all stress free, they take care of everything and make it very easy on their clients .. I highly recommend them !!!
They answered my calls in the beginning which is a big plus to me. Let me know what they needed then all correspondence was through email. It seemed to take some time but in the end it was worth it.
The process was long (which we were told from the beginning) but the results were beyond what we expected. They continued to stay in contact with us the whole time with updates. Duck Law was true to their word in helping us to reach a settlement. DEFINITELY RECOMMEND USING THEM!!
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