Currently there are 71 titles of the Tennessee state code. Within these
titles are basically the categories of the various laws that cover
everything from taxes, public utilities, divorce and wills. For any
issue that deals with cars you'll have to search through Title 55:
Motor and Other Vehicles. And for the official legal information
regarding Tennessee Lemon Laws you'll be reading through Title 55
Chapter 24: "Motor Vehicle Warranties."
Want to know how a Tennessee legislature refers to a lemon? It goes
something like this: "If a new motor vehicle does not conform to all
applicable express warranties and the consumer reports the
nonconformity, defect or condition to the manufacturer, its agent or
its authorized dealer during the term of protection, the manufacturer,
its agent or its authorized dealer shall correct the nonconformity,
defect or condition at no charge to the consumer, notwithstanding the
fact that the repairs are made after the expiration of the term."
Translation: if you got stuck with a lemon, you can get it fixed, get
your money back or get a new car.
Tennessee Lemon Law Restrictions
The Tennessee Lemon Law deals with any car sold or leased in the state
after 1987 that has a repair problem that renders the car in operable.
The law requires that the manufacturer or its authorized dealer must
get at least four attempts at making the problem right. If the car
can't be fixed after four tries or it has been sitting idle for over 30
days, then you are entitled to new car or a refund any mileage use you
might have incurred.
In order to apply for this type of refund, the defect with your car
needs to have occurred within one year of buying the car or for as long
as the warranty lasts. The Tennessee Lemon Law only applies to new cars
or new car leases. Sorry, but if you have problems with a used or
"certified pre-owned" car you won't be covered under the Tennessee
Lemon Law.
Tennessee Lemon Law Procedures
If you find yourself in the unfortunate position of being stuck with a
lemon, you will need to follow certain procedures to resolve the
matter. First, you need to inform the manufacturer of the problem with
old school snail mail that is certified. This is the maker of the auto
not the dealership. This written notice allows the auto maker the
chance to try and fix the problem within 10 days.
Unless you go through the formal verification process you might not be
eligible for the refund. If the automaker decides to dispute your claim
in court and then loses you could be entitled to repayment of all the
court and lawyer fees. You may also be able to collect what is referred
to as collateral charges. These will be those additional charges
associated with the purchase of a car like sales taxes, license and
registration fees or title charges.
If you are leasing a car, the same procedures apply. When it has been
determiend that your leased car is a lemon, you will be entitled to
getting back all the payments you've made up to that point in addition
to any extra fees that were paid as part of the original contract.