Delaware, the First State, has a lemon law which covers most passenger vehicles for a period of one year from the date of purchase. This law covers cars, trucks, vans and the drive portion of motor homes. Motorcycles, commercial vehicles, and the living quarters of motor homes are not covered.

Delaware’s legal protections are very similar to those of other states. To qualify as a lemon, the vehicle in question must meet the following criteria:

• The vehicle must have a defect or nonconformity which impairs the use, safety, or market value of the vehicle.
• The dealer must have been allowed to attempt to repair the nonconformity, but have been unsuccessful in four or more attempts to repair the problem.
• Alternatively, the vehicle qualifies if it is has been out of service for a cumulative total of 30 days due to dealer attempts to repair the nonconformity. Delaware extends this 30 day period if the manufacturer was unable to repair the vehicle during this time due to circumstances beyond their control, such as strike, fire, flood, invasion, war or other natural disaster.

Upon meeting these guidelines, the vehicle may be classified as a lemon under Delaware law, and the owner may seek relief. If the manufacturer offers an arbitration program which has been certified by the Delaware Division of Consumer Protection, then the owner must first submit his or her claim to the manufacturer’s arbitration program. Otherwise, lemon law protections do not apply. The manufacturer’s program must allow the arbitration hearing to convene within the state, must include a refund or replacement vehicle as a possible remedy, and must offer those remedies within 30 days of the receipt of the arbitrator’s decision.

If the manufacturer does not offer a state-certified arbitration program, or if the manufacturer fails to abide by state law during the arbitration procedure, the owner may seek relief through the court system. The law provides that the loser of the case will pay court and attorney fees, unless the court deems the suit to be frivolous, in which case the plaintiff will pay the fees.

As with most, if not all states, the relief offered through the lemon law will include a comparable replacement vehicle or a refund of the purchase price, including taxes, registration fees, and any incidental charges associated with the purchase of the vehicle. The option of which to accept will belong to the vehicle owner. Any compensation received by the vehicle owner may be adjusted for prior use and wear and tear.

The formula used by the state will be to determine a percentage of the vehicles value that has been used prior to reporting the defect will be to take the mileage driven and divide it by 100,000 miles, which is the presumed life of the vehicle. This will be the allowance for wear and tear, but the manufacturer may not deduct any additional sum due to damage caused by the defect itself.

If you are suffering headaches with your automobile, sport utility vehicle or van, you may realize that you need the help of an attorney. LegalMatch can help find an experienced attorney local to you. Confidentiality is guaranteed, all legal representatives are licensed, and inquiries are free.

Further information regarding the Delaware Lemon Law may be found at the Website of the Department of Consumer Protection.