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Lemon law in Delaware
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Automobile Warranties (Delaware Lemon Law), 6 Del. C. §§ 5001-5009. A new vehicle is presumed a lemon in Delaware when, during the protection period, the same defect was repaired 4 or more times without a fix, or it was out of service for repairs 30 or more days in total. The protection period is 12 months after delivery, whichever comes first. Leased vehicles are covered. Used vehicles are not covered.
At a glance
| Protection period | 12 months |
|---|---|
| Repair attempts, same defect | 4 |
| Attempts, serious safety defect | Not set |
| Days out of service | 30 |
| Used vehicles | Not covered |
| Leased vehicles | Covered |
| State arbitration program | No |
| Time limit to file | See below |
Who qualifies
Which vehicles
New passenger vehicles leased or bought in Delaware or registered there. The living quarters of motor homes are not covered.
“"Automobile" means any passenger motor vehicle which is leased or bought in Delaware or registered by the Division of Motor Vehicles in the Department of Transportation except the living facilities of motor homes.”
delcode.delaware.gov
Repair attempts
The car is presumed a lemon if substantially the same defect has been repaired 4 or more times within that period and still exists.
“Substantially the same nonconformity has been subject to repair or correction 4 or more times by the manufacturer, its agents or its dealers and the nonconformity continues to exist”
delcode.delaware.gov
Serious safety defects
The law does not say.
Days out of service
The car is also presumed a lemon if it is out of service for repair a total of more than 30 calendar days within that period.
“The automobile is out of service by reason of repair or correction of a nonconformity by the manufacturer, its agents or its dealers for a cumulative total of more than 30 calendar days since the original delivery of the motor vehicle to the consumer.”
delcode.delaware.gov
Used vehicles
No. The Delaware Lemon Law only covers new vehicles.
“The Delaware Lemon Law only applies to new vehicles.”
attorneygeneral.delaware.gov
Leased vehicles
The law's definition of a covered vehicle includes passenger vehicles leased in Delaware.
“"Automobile" means any passenger motor vehicle which is leased or bought in Delaware”
delcode.delaware.gov
Deadlines
Protection period
Defects must be reported during the warranty term or the first year after original delivery, whichever ends first. There is no mileage limit in the law.
“during the term of the warranty or during the period of 1 year following the date of original delivery of an automobile to the consumer, whichever is earlier”
delcode.delaware.gov
Time limit to file
The law does not say.
Steps
- Keep every repair order. Each visit to the dealer should give you a work order with the date, the mileage, what you reported and what they did. Ask for one every time, even when they find nothing. These papers are your case.
- Check the dates. Defects must be reported during the warranty term or the first year after original delivery, whichever ends first. There is no mileage limit in the law.
- Tell the manufacturer in writing. The law asks for written notice. See written notice below.
- Use the dispute program if one is required. See arbitration below for whether you must go there before court.
- Ask for a refund or a replacement, or file. Send the letter, then file before the time limit if the manufacturer will not buy the vehicle back or replace it.
Written notice
Yes. The presumption only applies if the manufacturer got direct written notice from you or on your behalf and had a chance to repair the defect.
“The presumption provided in this section shall not apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has had an opportunity to repair or correct the nonconformity”
delcode.delaware.gov
Arbitration
If the manufacturer has a dispute program approved by the Division of Consumer Protection, you must use it before you can get the law's remedies. Delaware does not run its own lemon law arbitration program.
“If a manufacturer has established an informal settlement procedure that has a certificate of approval by the Division of Consumer Protection, the remedies provided by this chapter shall not be available to any consumer who has not first resorted to such procedure.”
delcode.delaware.gov
What you get
The manufacturer must replace the car with a comparable new one you accept or buy it back and refund the full purchase price, including trade-in credits.
“the manufacturer shall either replace the automobile with a comparable new automobile acceptable to the consumer or repurchase the automobile from the consumer and refund to the consumer the full purchase, including all credits and allowances for any trade-in vehicle”
delcode.delaware.gov
Do it yourself
You can bring a lemon law claim without a lawyer. It takes letters, records and patience. The usual route:
- Put your repair orders in date order and count the attempts and the days out of service.
- Send the manufacturer the letter below, by a tracked method, to the address in your owner's manual or warranty booklet.
- If it offers a final repair, let it try within the time the law gives it.
- If it refuses or does not answer, file with the manufacturer's dispute program or the state program (Delaware Department of Justice, Consumer Protection Unit), then court if you need to.
- Do not sell or trade in the vehicle while the claim is open.
Letter template for Delaware
[Your name] [Your address] [Date] [Manufacturer name] [Address from your owner's manual or warranty booklet] Re: Lemon law claim, [year make model], VIN [VIN] I bought (or leased) this vehicle on [date] from [dealer], in Delaware. It has a defect that the dealer has not been able to fix: [describe it in one or two sentences]. It has been in for repair of this defect [number] times, on [dates], and out of service for a total of [number] days. Copies of the repair orders are enclosed. Under Automobile Warranties (Delaware Lemon Law) (6 Del. C. §§ 5001-5009), I ask you to repurchase or replace the vehicle. Please reply in writing within 15 days. I can bring the vehicle in for a final repair attempt if the law gives you one. [Your name] [Phone and email]
What a buyback pays in Delaware
The law asks for a reasonable allowance for your use without a fixed formula. Makers and courts often use the one several states write into law: the price times the miles driven before the first repair visit for the defect, divided by 120,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $2,000.
Questions people ask about Delaware's lemon law
How many repair attempts make a car a lemon in Delaware?
The car is presumed a lemon if substantially the same defect has been repaired 4 or more times within that period and still exists.
How many days in the shop make a car a lemon in Delaware?
The car is also presumed a lemon if it is out of service for repair a total of more than 30 calendar days within that period.
How long does Delaware's lemon law cover a car?
Defects must be reported during the warranty term or the first year after original delivery, whichever ends first. There is no mileage limit in the law.
Which vehicles does Delaware's lemon law cover?
New passenger vehicles leased or bought in Delaware or registered there. The living quarters of motor homes are not covered.
Does Delaware's lemon law cover used cars?
No. The Delaware Lemon Law only covers new vehicles.
Does Delaware's lemon law cover leased cars?
The law's definition of a covered vehicle includes passenger vehicles leased in Delaware.
Do I have to tell the manufacturer in writing?
Yes. The presumption only applies if the manufacturer got direct written notice from you or on your behalf and had a chance to repair the defect.
Do I have to go to arbitration before court?
If the manufacturer has a dispute program approved by the Division of Consumer Protection, you must use it before you can get the law's remedies. Delaware does not run its own lemon law arbitration program.
What do I get if my car is a lemon in Delaware?
The manufacturer must replace the car with a comparable new one you accept or buy it back and refund the full purchase price, including trade-in credits.
How much is taken off a buyback for the miles I drove?
The law asks for a reasonable allowance for your use without a fixed formula. Makers and courts often use the one several states write into law: the price times the miles driven before the first repair visit for the defect, divided by 120,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $2,000.
Who pays the lawyer in a Delaware lemon law case?
If you sue under this law, the court may award you your costs and reasonable attorney fees. In Delaware, an owner who wins can make the maker pay the lawyer.
Can I keep driving my car during a lemon law claim?
Usually, yes. Keep it maintained and insured, and do not sell or trade it in while the claim is open: a buyback needs the car. If the defect makes it unsafe, stop driving it and tell the dealer and the maker in writing.
Do I need a lawyer for a lemon law claim?
No. You can bring a claim yourself. The steps and a letter template are on this page. A lawyer knows what makers offer in cases like yours and what the use deduction should be. In Delaware, an owner who wins can make the maker pay the lawyer.
Find a Delaware lemon law lawyer
If you sue under this law, the court may award you your costs and reasonable attorney fees.
“the court, in its discretion, may award the plaintiff's costs and reasonable attorney's fees”
delcode.delaware.gov
Because the manufacturer usually pays the lawyer's fees when you win, most lemon law lawyers charge you nothing up front. A lawyer also knows what the manufacturer offers in cases like yours and what the use deduction should be.
Send the free case check below and we find a lemon law firm that takes Delaware cases like yours. The firm contacts you, and you decide whether to hire them.
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Who pays the lawyer? In Delaware, an owner who wins can make the maker pay the lawyer.* * So most lemon law lawyers ask nothing up front. Some charge costs, or a share of a settlement: ask before you sign. You never pay us. More
Sources
- 6 Del. C. §§ 5001-5009, Automobile Warranties (Delaware Lemon Law)
- Delaware Department of Justice, Consumer Protection Unit
- Magnuson-Moss Warranty Act, 15 U.S.C. § 2310, the federal warranty law that also lets owners recover attorney fees.
Each quote above is copied from the page it links to, checked 2026-10-26. If a page has moved, the citation still finds the law.