- Lemon laws in Delaware cover some cars that are defective.yellow car, a honda japanese sport car model image by alma_sacra from Fotolia.com
The Delaware Lemon Law covers vehicles that can not be fixed after a certain number of repair attempts. There are parameters that must be met to qualify for protection under the Lemon Law statutes of the state of Delaware. If you do not meet these, you may still be able to receive help under the Federal Breach of Warranty Law (Magnuson Moss Warranty Act). To ensure appropriate advocacy, it is best to work with an attorney who specializes in consumer law. - In the case of a new vehicle, the automobile must conform to the manufacturer's warranty. If it does not, the purchaser needs to report within a year of the delivery date or within the time frame of warranty (whichever is earlier). If it is not reported within this period, the Delaware lemon law protection will probably not apply.
- The manufacturer must make any repairs necessary in a car that meets the lemon law requirements. If they cannot fix the car, the consumer should receive either a new one from the manufacturer or a refund. This should be an acceptable replacement or financial arrangement to the consumer. If the automobile is replaced, the manufacturer accepts the cost of any incidental fees such as registration or taxes.
- The Delaware lemon law only covers passenger cars that were purchased in Delaware. Motorcycles and motor homes are not protected through this legal channel. The state statute defines what constitutes a lemon as a car that has been in a mechanic's shop four times for repair in the first year of ownership or has been out of commission for at least 30 calendar days.
- To protect yourself, keep all receipts of auto repair and be aware of your warranty terms. Never waive lemon law or warranty protection. If you do have problems with your vehicle and can document that you meet the requirements to satisfy requirements in the Delaware lemon law, contact the manufacturer to find out its procedure for repairing or replacing a lemon. If it refuses to accept that the car is a lemon, the Delaware Attorney General website suggests sending a certified letter with copies of receipts for repair, sales contract and warranty. This letter should be clearly worded with how you want the matter solved.
- If they do not respond positively, contact the Better Business Bureau Auto Line. You can go to their website at Auto.BBB.org. You will supply basic information that will help them guide you on the proper procedure to file a claim. They may assist you in mediation with the car manufacturer. It is also encouraged by the Attorney General of Delaware that you contact its Consumer Protection Unit for help in deciding your plan of action. It is also a good idea to consult a legal professional to advocate for you if you need to file a civil lawsuit against the manufacturer.