Business Vehicles — Lemon Law in Delaware

Delaware Lemon Law covers new passenger business vehicles that are purchased or registered in Delaware, as well as used vehicles that are sold by dealers within one year of the original purchase or before the expiration of the manufacturer's warranty (whichever comes first) are covered. In order to be considered a "lemon," the vehicle must meet the following requirements:

• Does not conform to the manufacturer's express warranty
• Has substantial defects affecting the use, safety or value of the vehicle
• Has manufacturer's defects that occurred during the first year from the original owner's delivery date or before the expiration of the manufacturer's warranty (whichever period ends first)
• Has been taken in four times for the same problem or if it has been out of service for 30 calendar days due to a series of unrelated problems
• After the dealer has tried to repair the vehicle four times, the manufacturer has been notified and given an opportunity to repair the vehicle

Delaware Lemon Law provides several options for a successful Lemon Law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:

• The full purchase price
• Sales tax
• License and registration fees
• Dealer preparation fees
• Attorney's fees

The amount of the monetary reward may be reduced by a deduction for your use of the vehicle. This is calculated by dividing the number of miles driven when you first reported the defect to the dealer by 100,000, and multiplying by the purchase price.

If you want to pursue a claim under Delaware's Lemon Law, you must first send a notification to the manufacturer and give them one last chance to repair the vehicle. The demand letter should be sent by certified mail, with a return receipt requested. Sample demand letter.

Once you send the letter, the manufacturer must make a final repair attempt. If the problem still isn't fixed, you must enter into the manufacturer's informal dispute resolution process. You can accept the findings of the arbitrator, or you can reject them and go to court.

As with other types of Lemon Law claims, organization is key to presenting a convincing case. Keep spotless records of every malfunction and problem you have had with your vehicle since you bought it. Save all of the paperwork that you received every time you brought your vehicle to be serviced. Catalog the days the vehicle spent in the shop and out of your possession. Remember, the more organized your evidence is, the more likely it is that your attorney can win your case.