The Lemon Law in Delaware
Which vehicles Delaware's lemon law covers, how many repair attempts it takes, the remedy, and the rules for used cars.
Short answer: Delaware's lemon law covers passenger motor vehicles bought or leased in Delaware or registered by the Delaware Division of Motor Vehicles (excluding motor home living quarters). 6 Del. C. §§ 5001, 5003, 5004
| New car lemon law | Delaware's lemon law covers passenger motor vehicles bought or leased in Delaware or registered by the Delaware Division of Motor Vehicles (excluding motor home living quarters). A reasonable number of repair attempts is presumed if, within the warranty term or one year from delivery, whichever is earlier, substantially the same defect was repaired four or more times and still exists, or the vehicle was out of service for repairs more than 30 calendar days in total. The presumption applies only if the manufacturer received direct written notice and a chance to repair. If the defect is not fixed, the manufacturer must replace the vehicle with a comparable new one acceptable to the consumer or repurchase it and refund the full purchase price and related costs, minus a limited allowance for use; the consumer has an unqualified right to choose a refund instead of a replacement. Re-verified 2026-10-27. Source: 6 Del. C. §§ 5001, 5003, 5004 |
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| How to file a lemon law claim | 1) Written notice: the presumption that the manufacturer had a reasonable number of repair attempts (4 or more repairs of the same problem, or more than 30 calendar days out of service, within the warranty term or 1 year after delivery, whichever is earlier) does not apply unless the manufacturer has received prior direct written notice from or on behalf of the consumer and has had an opportunity to repair the problem. 2) Final repair attempt: no separate final-repair step is described beyond that opportunity to repair. 3) Arbitration: Delaware has no state-run lemon law arbitration program. If the manufacturer has an informal dispute program certified by the Division of Consumer Protection, the consumer must use it first before the lemon law remedies are available; if the program is not certified, the consumer may go directly to the lemon law remedies. A certified program must hold hearings in Delaware and generally decide within 65 days after the consumer starts the process by written notice. 4) Deadline: the lemon law chapter does not state a separate deadline to file a claim or lawsuit. In a court action the court may award the consumer costs and reasonable attorney's fees. The statute does not mention a fee for the manufacturer's program. A violation of the chapter is also an unlawful practice under 6 Del. C. § 2513 (§ 5009). Re-verified 2026-10-27. |
Where to get help in Delaware
- Delaware Department of Justice, Consumer Protection Unit (Fraud and Consumer Protection Division)
- File a complaint or claim
More Delaware consumer protection
- Your Right to Cancel a Purchase in Delaware
- Contractors and Repair Shops in Delaware
- Filing a Consumer Complaint in Delaware
- All Delaware consumer protection rules
FAQ
How does the lemon law work in Delaware?
Delaware's lemon law covers passenger motor vehicles bought or leased in Delaware or registered by the Delaware Division of Motor Vehicles (excluding motor home living quarters). A reasonable number of repair attempts is presumed if, within the warranty term or one year from delivery, whichever is earlier, substantially the same defect was repaired four or more times and still exists, or the vehicle was out of service for repairs more than 30 calendar days in total. The presumption applies only if the manufacturer received direct written notice and a chance to repair. If the defect is not fixed, the manufacturer must replace the vehicle with a comparable new one acceptable to the consumer or repurchase it and refund the full purchase price and related costs, minus a limited allowance for use; the consumer has an unqualified right to choose a refund instead of a replacement.
How do you file a lemon law claim in Delaware?
1) Written notice: the presumption that the manufacturer had a reasonable number of repair attempts (4 or more repairs of the same problem, or more than 30 calendar days out of service, within the warranty term or 1 year after delivery, whichever is earlier) does not apply unless the manufacturer has received prior direct written notice from or on behalf of the consumer and has had an opportunity to repair the problem. 2) Final repair attempt: no separate final-repair step is described beyond that opportunity to repair. 3) Arbitration: Delaware has no state-run lemon law arbitration program. If the manufacturer has an informal dispute program certified by the Division of Consumer Protection, the consumer must use it first before the lemon law remedies are available; if the program is not certified, the consumer may go directly to the lemon law remedies. A certified program must hold hearings in Delaware and generally decide within 65 days after the consumer starts the process by written notice. 4) Deadline: the lemon law chapter does not state a separate deadline to file a claim or lawsuit. In a court action the court may award the consumer costs and reasonable attorney's fees.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.