Last verified: February 2026
Key Points
- Primary Law: Delaware Automobile Warranties Act (Del. Code Ann. tit. 6, §§ 5001-5009)
- Coverage: New automobiles purchased or leased in Delaware
- Presumption: 4+ repair attempts OR 30+ days out of service within warranty term or 1 year
- Remedies: Replacement vehicle or full purchase price refund at consumer’s choice
- Arbitration: Manufacturer must offer certified informal dispute settlement procedure
- Attorney Fees: Court may award attorney fees to prevailing consumer
Quick Penalties Overview
| Violation Type | Consumer Remedy | Additional Damages |
|---|---|---|
| Failure to repair after reasonable attempts | Refund or replacement | Costs and attorney fees at court discretion |
| Violation of lemon law provisions | Unlawful trade practice | Penalties under Consumer Fraud Act |
| Bad faith or frivolous consumer claim | N/A | Attorney fees may be awarded to manufacturer |
Table of Contents
📑 Table of Contents (click to expand)
- Delaware Lemon Law Overview
- What Vehicles Are Covered
- The Lemon Law Presumption
- Consumer Remedies: Refund vs. Replacement
- How to File a Lemon Law Claim
- Dispute Settlement Procedures
- Manufacturer Defenses
- Dealer Liability
- Electric Vehicle Considerations
- Statute of Limitations
- Frequently Asked Questions
- Resources and Legal Help
Delaware Lemon Law Overview
Delaware’s lemon law, codified in Title 6, Chapter 50 of the Delaware Code (§§ 5001-5009), provides essential consumer protections for buyers of defective new automobiles in the First State. Enacted to protect consumers from being stuck with vehicles that cannot be properly repaired, Delaware’s law requires manufacturers to either replace or repurchase vehicles that fail to conform to the manufacturer’s express warranty after a reasonable number of repair attempts.
The Delaware Automobile Warranties Act works in conjunction with the state’s broader consumer protection framework. A violation of the lemon law is also considered an unlawful trade practice under Delaware’s Consumer Fraud Act, giving consumers additional remedies and enforcement mechanisms.
One notable feature of Delaware’s lemon law is its requirement that manufacturers provide consumers with written notice of their lemon law rights at the time of purchase. This ensures that Delaware consumers are informed about their protections from the outset of vehicle ownership.
What Vehicles Are Covered
Under 6 Del. C. § 5001, Delaware’s lemon law defines the vehicles and consumers that qualify for protection. Understanding these definitions is essential before pursuing a claim.
Covered Vehicle Types
- New passenger motor vehicles: Sedans, coupes, and similar vehicles purchased or leased new
- New trucks: Pickup trucks for personal use
- New SUVs and crossovers: Sport utility vehicles and similar passenger vehicles
- New vans: Passenger vans and minivans
- Vehicles registered in Delaware: Must be registered through the Delaware Division of Motor Vehicles
Vehicles Not Covered
- Living facilities of motor homes (chassis may be covered)
- Used vehicles
- Motorcycles
- Off-road vehicles not designed for highway use
- Vehicles purchased primarily for commercial or business purposes
Who Qualifies as a “Consumer”?
Under Delaware law, a consumer includes:
- The original purchaser of a new automobile (not for resale purposes)
- A person to whom the automobile is transferred during the warranty period
- Any other person entitled by the warranty terms to enforce warranty obligations
The Lemon Law Presumption
Delaware law establishes a presumption under 6 Del. C. § 5004 that helps consumers prove their case. When certain conditions are met within the warranty term or during the first year following original delivery (whichever is earlier), the law presumes that a reasonable number of repair attempts have been made.
The Lemon Law Presumption Applies When:
| Condition | Requirement | Details |
|---|---|---|
| Repair Attempts (Same Problem) | 4 or more attempts | Substantially the same nonconformity continues to exist |
| Days Out of Service | More than 30 calendar days | Cumulative total for repair of any nonconformity |
| Timeframe | Warranty term or 1 year | Whichever is earlier from date of original delivery |
Important Notice Requirement: The presumption does not apply unless the manufacturer has received prior direct written notification from the consumer and has had an opportunity to repair or correct the nonconformity. If the manufacturer fails to directly attempt or arrange repairs after receiving notice, they cannot later claim that the dealer’s repairs were improper.
What Qualifies as a “Nonconformity”?
A nonconformity is defined as a defect or condition that substantially impairs the use, value, or safety of the automobile. Examples include:
- Engine failures or persistent engine problems
- Transmission malfunctions affecting vehicle operation
- Brake system defects creating safety hazards
- Steering problems impairing vehicle control
- Electrical system failures affecting critical components
- Fuel system leaks or persistent problems
- Airbag or safety system malfunctions
Extension of the 30-Day Limit
The 30-day out-of-service period begins when the consumer first presents the automobile for repair and a written document describing the nonconformity is prepared. This limit may be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer, its agents, or dealers, including war, invasion, strike, fire, flood, or other natural disaster.
Consumer Remedies: Refund vs. Replacement
When a vehicle qualifies as a lemon under Delaware law, the consumer has the unqualified right to choose between two remedies under 6 Del. C. § 5003.
Option 1: Replacement Vehicle
The manufacturer must replace the lemon vehicle with a comparable new automobile acceptable to the consumer. When providing a replacement:
- The manufacturer must accept return of the defective automobile
- The manufacturer must reimburse the consumer for incidental costs
- Incidental costs include dealer preparation fees, registration transfer fees, sales taxes, and other charges incurred due to the replacement
- If the vehicle was financed by the manufacturer or its subsidiary, the consumer cannot be required to enter any refinancing agreement that creates financial obligations beyond those in the original financing agreement
Option 2: Refund (Repurchase)
If the consumer declines a replacement (which is the consumer’s unqualified right), the manufacturer must repurchase the vehicle. The refund includes:
- Full purchase price: Including all credits and allowances for any trade-in vehicle
- Related costs: Sales taxes, registration fees, and dealer preparation fees
Deductions from the Refund:
- Reasonable use allowance: Calculated as the full purchase price multiplied by the number of miles driven before reporting the nonconformity, divided by 100,000 miles
- Damage allowance: A reasonable allowance for damage not attributable to normal wear and tear (excluding damage resulting from a nonconformity)
Refunds are made to the consumer and any lienholder, as their interests may appear.
How to File a Lemon Law Claim in Delaware
Successfully pursuing a Delaware lemon law claim requires careful documentation and following proper procedures.
Step 1: Document All Problems and Repairs
- Keep all repair orders and work orders from dealership visits
- Document the specific date each repair attempt began and ended
- Record the symptoms you experienced in detail
- Maintain copies of all correspondence with the dealer and manufacturer
- Take photographs or videos of defects when possible
Step 2: Report Problems Within the Coverage Period
Ensure that you report the nonconformity to the manufacturer or its authorized dealer within the warranty term or within one year following original delivery, whichever is earlier.
Step 3: Provide Written Notice to Manufacturer
Before the lemon law presumption applies, you must provide direct written notification to the manufacturer. This notice should:
- Describe the nonconformity in detail
- Include the vehicle identification number (VIN)
- Document your repair history
- Request that the manufacturer repair or correct the problem
Step 4: Allow Final Repair Opportunity
After providing written notice, give the manufacturer a reasonable opportunity to repair the vehicle. The manufacturer must attempt to arrange repairs through its dealer or directly.
Step 5: Pursue Resolution
If the manufacturer fails to repair the vehicle after a reasonable number of attempts, you may:
- Use the manufacturer’s certified informal dispute settlement procedure (if available)
- File a complaint with the Delaware Division of Consumer Protection
- File a lawsuit in Delaware courts
Dispute Settlement Procedures
Under 6 Del. C. § 5007, Delaware law addresses manufacturer informal dispute settlement procedures and their certification requirements.
Certification Requirements
If a manufacturer has established an informal dispute settlement procedure that has received a certificate of approval from the Delaware Division of Consumer Protection, consumers must first use that procedure before accessing the remedies under the lemon law. However, if the manufacturer’s procedure is not certified, consumers may immediately and directly seek lemon law remedies.
Standards for Certified Programs
To receive certification, a manufacturer’s dispute settlement procedure must:
- Comply with 16 C.F.R. Part 703 (FTC regulations for informal dispute settlement procedures)
- Not convene hearings or meetings outside the State of Delaware
- Issue decisions within 65 days after the consumer initiates the dispute
- Perform awarded remedies within 30 days after the consumer accepts the decision
- Not require the consumer to make the automobile available more than once for inspection or more than once for repair of the same nonconformity
- Consider all remedies provided by Delaware’s lemon law, including repair, replacement, and refund
Annual Evaluation
The Division of Consumer Protection annually evaluates the operation of manufacturer dispute settlement procedures and issues certificates of approval to those that comply with the requirements. The Division may suspend or decertify any procedure that falls out of compliance.
Manufacturer Defenses
Under 6 Del. C. § 5006, manufacturers may raise certain affirmative defenses to lemon law claims.
Valid Affirmative Defenses
| Defense | Manufacturer’s Argument | Consumer’s Counter |
|---|---|---|
| Defect not substantial | Nonconformity does not substantially impair use, value, or safety | Document how defect affects daily use, resale value, or safety |
| Consumer abuse or neglect | Nonconformity resulted from abuse or neglect | Provide maintenance records showing proper care |
| Unauthorized modifications | Nonconformity resulted from unauthorized modifications or alterations | Show defect existed before modifications or is unrelated |
Dealer Liability
Delaware law specifically addresses dealer liability in lemon law cases. Under 6 Del. C. § 5003(e), no authorized dealer shall be held liable by the manufacturer for any refunds or automobile replacements in the absence of evidence indicating that dealership repairs have been carried out in a manner inconsistent with the manufacturer’s instructions.
This provision protects dealers who follow manufacturer repair procedures while ensuring that manufacturers cannot escape liability by blaming dealer repair work.
Electric Vehicle Considerations
Electric vehicles (EVs) and plug-in hybrids are covered under Delaware’s lemon law to the same extent as conventional vehicles. However, EV owners should be aware of unique considerations.
Common EV Defects That May Qualify
- Battery capacity degradation beyond manufacturer specifications
- Charging system malfunctions preventing normal charging
- Range significantly below manufacturer representations
- Electric motor failures affecting vehicle operation
- Software defects affecting vehicle performance or safety
- Thermal management system failures
- Regenerative braking malfunctions
EV-Specific Documentation
When pursuing a lemon law claim for an EV, document:
- Charging records showing system failures
- Range data demonstrating performance below specifications
- Software version history and update records
- Error codes and diagnostic reports
Statute of Limitations
Understanding timing requirements is critical for Delaware lemon law claims.
Key Deadlines
- Reporting period: Nonconformities must be reported within the warranty term or within one year of original delivery, whichever is earlier
- Written notice: Must be provided to the manufacturer before the lemon law presumption applies
- Court action: Lawsuits must be filed within the applicable statute of limitations for warranty claims
Consumer Fraud Act Connection
Because a violation of Delaware’s lemon law is also an unlawful trade practice under the Consumer Fraud Act, consumers may have additional time and remedies available under that statute.
Frequently Asked Questions
How many repair attempts are required before my vehicle qualifies as a lemon in Delaware?
Under Delaware law, a vehicle may qualify as a lemon after four or more repair attempts for substantially the same nonconformity, or if the vehicle has been out of service for more than 30 cumulative calendar days for repairs. These conditions must occur within the warranty term or during the first year following original delivery, whichever is earlier. You must also provide written notice to the manufacturer.
Does Delaware’s lemon law cover used vehicles?
No, Delaware’s lemon law applies only to new automobiles. Used vehicles are not covered, even if they are still under the manufacturer’s original warranty. Used vehicle buyers may have other remedies under Delaware’s Consumer Fraud Act or the federal Magnuson-Moss Warranty Act.
Can I choose between a refund and a replacement vehicle?
Yes. Delaware law gives consumers the unqualified right to decline a replacement vehicle and demand a repurchase instead. This consumer choice is absolute and cannot be limited by the manufacturer.
What is the usage deduction in a Delaware lemon law refund?
The usage deduction is calculated by multiplying the full purchase price by the number of miles driven before the consumer first reported the nonconformity, then dividing by 100,000. For example, if you paid $30,000 for your vehicle and drove 5,000 miles before reporting the defect, the usage deduction would be $1,500.
Do I have to use the manufacturer’s arbitration program before filing a lawsuit?
Only if the manufacturer has an informal dispute settlement procedure that has been certified by Delaware’s Division of Consumer Protection. If the manufacturer’s program is not certified, you may immediately pursue legal remedies without first going through arbitration.
What happens if the manufacturer fails to repair my vehicle after I provide written notice?
If the manufacturer fails to directly attempt or arrange repairs after receiving your written notice, they cannot later defend the claim by arguing that the dealer failed to properly repair the vehicle or that dealer repairs contributed to the problem.
Can I recover attorney fees if I win my Delaware lemon law case?
Yes, the court may award attorney fees to a prevailing consumer in its discretion. However, if the court determines that the consumer’s action was brought in bad faith or was frivolous, attorney fees may be awarded to the manufacturer instead.
Resources and Legal Help
Official Resources
- Delaware Code Title 6, Chapter 50: Automobile Warranties
- Delaware Department of Justice: Consumer Protection Unit
- Delaware Division of Motor Vehicles
- Delaware Lemon Law Information Page