Delaware's lemon law and your rights as a buyer

What the lemon law protects, what it doesn't, and what rights you keep when you buy used. With the state's exact deadlines.

This guide summarizes the recorded scope for Delaware (6 Del. C., chapter 50 (§§ 5001–5009)). Eligibility, deadlines and notice requirements depend on the law and applicable coverage; read the state conditions below, including used-vehicle conditions where relevant.

What it covers

New passenger cars, bought or leased in Delaware or registered with the Delaware DMV, with a defect that substantially impairs use, value or safety. It also protects whoever receives the car while the factory warranty is still running.

Rights period: The warranty term or 1 year from original delivery, whichever ends first. The defect must be reported within that time.

When it is presumed a lemon

Four or more repairs of the same defect without fixing it, or more than 30 cumulative calendar days out of service. The 30-day count starts the first day you hand the car in and the shop prepares a written document describing the defect, so ask for the written repair order every time. The manufacturer must get direct written notice and a chance to repair.

The presumption does not replace the other requirements. Check the official conditions and procedure for your situation.

The process

If the manufacturer has a dispute program registered that year with the Consumer Protection Unit, you must use it first (it must decide within 65 days). If not, you go straight to court, where the judge can order your attorney fees paid (and, if the judge finds the case frivolous or brought in bad faith, can order you to pay the maker's fees, § 5005). As of the check date the only maker with a program registered with the Consumer Protection Unit is American Honda Motor Company, so with every other maker you go straight to court. There is no state arbitration board. You can file a complaint with the Consumer Protection Unit at any time.

Who handles it: Delaware Department of Justice — Consumer Protection Unit.

Hotline: (800) 220-5424 · 302-577-8600.

What you get if you win

Replacement with a comparable new car or a buyback; you can refuse the replacement and demand the buyback. It includes trade-in credit, taxes, registration and dealer prep fees, minus a use allowance (price × miles before the first report ÷ 100,000) and damage beyond normal wear.

What it does not cover

Used cars (the law only covers new ones); defects that do not substantially impair the car; damage from abuse, neglect or unauthorized modifications; the living facilities of motor homes; purchases for resale.

I bought used: what do I have left

More than it seems, even if it isn't the lemon law:

• The Buyers Guide (FTC). The guide states the dealer warranty. "As Is" describes that warranty; it does not by itself resolve other state-law rights or remaining manufacturer coverage. The federal rule applies in 48 states (Maine and Wisconsin have their own equivalent rules). If the sale is conducted in Spanish, the dealer must post a Spanish-language Buyers Guide.
• Remaining manufacturer warranty. Check the warranty contract and its duration and transfer conditions; vehicle age does not guarantee coverage.
• In Delaware: FTC Buyers Guide on every dealer used car and written disclosure of reconstructed, flood, salvage or taxi brands, with a right to cancel if missing (21 Del. C. § 6309); the Consumer Fraud Act bars deception or hiding important facts in a sale (6 Del. C. § 2513), with complaints to the Consumer Protection Unit; the dealer must hold a DMV license and have the title in hand when selling.