Delaware Lemon Law Delaware has lemon law that is similar to those of other states.
The lemon law is also known as he Magnuson-Moss Act and requires
manufacturers to pay compensation for defective motor vehicles. The
state of Delaware includes motor vehicles other than automobiles. Those
included are recreational vehicles, trucks, motorcycles, computers, and
consumer products or appliances.
Motor vehicles that qualify under lemon law in the state of Delaware
also qualify under federal lemon law. Both federal and Delaware law
requires the motor vehicle to be defective and have a particular number
of repair attempts made while the vehicle is still under the
manufacturer's express warranty.
A defect is required to alter the market value of the motor vehicle
that is still under express warranty. The defect may also be eligible
if it may cause injury to the driver or other passengers. Such a defect
may include a seatbelt malfunction.
Cosmetic defects or radio malfunction will not qualify as a lemon. When
seeking lemon compensation a third party member will be required. This
is often in the form of a lawyer as much paperwork will be required.
Warranty and Repair If the motor vehicle is no longer under warranty when being
reported, though the repair attempts took place while under express
warranty, the motor vehicle will not qualify for a lemon. However if a
motor vehicle has been reported as a lemon while under warranty it may
receive manufacturer, agent, or dealer repair under lemon law after the
express warranty has expired.
If a motor vehicle qualifies as a lemon the dealer, manufacturer, or
agent is required to make a repair attempt on the vehicle. This repair
must restore the motor vehicle to the factory standard. If the
manufacturer, dealer, or agent cannot restore the vehicle to the
factory standard, then the consumer is open for compensation.
Prior to being reported as a lemon the motor vehicle must undergo a
reasonable number of repair attempts. The state of Delaware states that
three or four attempts is a reasonable number. The consumer must
present the proper paperwork to the dealer, manufacturer, or agent as
proof of the attempted repairs.
The consumer is also open for lemon compensation and repair attempts if
the motor vehicle has been out of use for thirty days or more. These
days do not need to be consecutive but must be due to repair attempts.
Compensation When the manufacturer, dealer, or agent cannot restore the motor
vehicle to its market standard, the consumer is then open for
compensation. Compensation is also possible if the dealer,
manufacturer, or agent has attempted repair for thirty or more calendar
days. Compensation will include the full purchasing or leasing price of
the motor vehicle as well as any licensing fees, registration fees, and
paid taxes.
Any abuse or other damages to the motor vehicle will be deducted from
the compensation. Any cosmetic additions to the vehicle will not be
compensation. A consumer is also up for compensation through a
replacement vehicle. This replacement vehicle will be of the same
market value as the lemon vehicle.