DELAWARE Lemon Law:
Del. Code Ann. tit. 6, §§ 5001 to 5009
Vehicles covered: Any passenger motor vehicle sold, leased or
registered in-state; excludes motorcycles and living facilities of
motor homes (§ 5001(5)). No reference to leased vehicles.
Persons covered: Purchasers, transferees during express warranty
period, or any person entitled to enforce the warranty (§ 5001(1)).
Period covered: Whichever comes first: expiry of term of warranty
or within one year from date of delivery (§ 5002).
Disclosure requirements: None for manufacturer.
Required consumer notice: Written notice to the manufacturer by
or on behalf of the consumer (§ 5004(b)).
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 has been out of
service for thirty or more calendar days (§ 5004(a); opportunity to
cure after required notice from consumer (§ 5004(b)).
Affırmative defenses: The nonconformity does not substantially
impair the use or value of the vehicle, or is the result of the
consumer’s abuse, neglect, or unauthorized modifications or alterations
Replace/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 (§ 5003).
Other reimbursement: Incidental costs (explained), other charges
and fees (§ 5003(b)); costs and attorney fees (§ 5005).
Other remedies: There is no limit on other consumer remedies
(§ 5008); violation is unlawful trade practice (§ 5009).
Informal dispute resolution: For remedies under this section a
consumer must first use an informal settlement procedure, if it is
approved by the Division of Consumer Affairs (§ 5007).
Resale of lemon: No applicable provisions.