The Lemon Law
6 Del. C. § 5004 — 4 repair attempts or more than 30 days out of service in the first year, then a new car or a refund
If a new car does not conform to its express warranty and the defect is reported within the warranty term or 1 year after delivery, whichever is earlier, the manufacturer makes the repairs needed.
- Substantially the same defect was repaired 4 or more times and still exists.
- The car was out of service for repairs for a total of more than 30 calendar days.
Replace or repurchase. Either of those, within that first period, presumes a reasonable number of attempts. If the defect is not fixed, the manufacturer replaces the car with a comparable new one or buys it back for the full price, less a use allowance figured on the miles driven before the first report divided by 100,000.
The presumption needs prior written notice directly to the manufacturer. A particular car is a question for a licensed Delaware attorney.
Sources for this section (3)
- 6 Del. C. § 5002 — Duty to repair nonconforming automobiles
- 6 Del. C. § 5003 — Remedies upon failure to repair
- 6 Del. C. § 5004 — Presumptions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.