Tennessee first passed a lemon law in 1984; the law was extensively revised in 1986. This law covers cars and motorcycles, both least and purchased, for a period of one year from the date of purchase. Not covered are mopeds, motor homes, lawnmowers (!) or garden tractors, recreational vehicles, off-road vehicles, or vehicles of more than 10,000 pounds gross vehicle weight. We have yet to see a lawnmower covered under a state lemon law, but in theory, anything is possible, especially if it is a riding model.

A vehicle will qualify as a lemon under the statute if it meets the following requirements:

• It has s defect which substantially impairs the vehicle and renders it unsafe or unreliable for normal operation or reduces it’s market value below the average price for comparable vehicles.
• The manufacturer has been allowed a reasonable number of attempts to repair the problem but has failed to do so. The state defines “reasonable” as three or more attempts to repair during the warranty period.
• A vehicle will also qualify if it has been out of service for repairs for a cumulative total of 30 or more days during the warranty period. This time may be extended if the repairs were not made due to circumstances beyond the manufacturer’s control, such as war, fire, strike, flood, or other similar natural disasters.

Should the vehicle continue to have a problem of safety or use after a “reasonable” number of repair attempts the owner is entitled to a refund of the purchase price, including taxes and registration, or a replacement with a comparable vehicle. In theory, at this point, the owner should be able to send a certified letter to the manufacturer, stating that, in his or her opinion, the vehicle qualifies for a replacement or refund under the provisions of the state’s lemon law statute. In response, one would expect the manufacturer to both agree and comply. Unfortunately, things often do not work in quite so simple a manner and it may be necessary to proceed further.

If the manufacturer has an arbitration program, where a disinterested third party hears both sides of the case and makes a ruling, the consumer must agree to an arbitration hearing. The results of the arbitration hearing are not binding, however, and the owner may seek other avenues of relief, such as a lawsuit, should the arbitration results not rule in their favor. In the event that the owner prevails in a lawsuit, he or she shall be allowed to recover court costs and attorney fees as part of the settlement.

Relief, should the owner prevail, will come in the form of a refund of the purchase price, including all taxes and similar charges. Alternatively, the owner may elect to receive a comparable replacement vehicle.

More information is available on Tennessee’s Website, but the Website is currently rather poorly organized and it is quite difficult to find information there.

Vehicle owners with problem vehicles should contact the Division of Consumer Affairs:

Consumer Affairs
500 James Robertson Pkwy
Nashville, TN 37243-0600
Tel: 615.741.4737
Fax: 615.532.4994
Inside TN: 800.342.8385

If you are having difficulties with your automobile, truck or van, you may find that you need legal assistance. LegalMatch can help locate an experienced attorney near your home. Confidentiality is assured, all lawyers are licensed, and inquiries are free.

 Details can be found the Tennessee Lemon Law page