Delaware Lemon Law

Delaware's Automobile Warranties Act (6 Del. C. §§ 5001-5009) covers new motor vehicles purchased or leased in Delaware and registered in the state. The defect must substantially impair the vehicle's use, value, or safety, and it must arise within the manufacturer's express warranty or one year from delivery, whichever is earlier. Coverage extends to subsequent transferees who receive the vehicle while the warranty is still in effect. Vehicles used primarily for business, off-road vehicles, motor homes, and motorcycles may be excluded. If you purchased used and the original warranty has lapsed, the statute will not protect you, though federal Magnuson-Moss claims may still be available.

The statute presumes a manufacturer has had a reasonable opportunity to repair when the same nonconformity has been subject to repair four or more times, or when the vehicle has been out of service for repairs for a cumulative total of more than 30 calendar days. These attempts must occur within the warranty term or first year after delivery. Importantly, Delaware counts calendar days, not business days, which is more consumer-friendly than states like Indiana or Hawaii. You should keep every repair order, even ones where the dealer claims no problem was found, because each visit counts toward the presumption.

Generally no. Delaware's Chapter 50 only protects new motor vehicles. The one exception is if you purchased a used vehicle that is still inside the original manufacturer's express warranty and within one year of original delivery to the first owner; in that narrow window you qualify as a 'transferee' under the statute. For most used-car defects in Delaware, your remedies are the federal Magnuson-Moss Warranty Act, the dealer's express warranty, or common-law fraud or misrepresentation claims. Delaware does not impose a separate used-car warranty obligation on dealers, unlike states such as New York or Massachusetts.

Yes. Delaware's lemon law definition of 'consumer' covers persons to whom a vehicle is transferred during the warranty period, which courts have applied to lessees of new vehicles. The vehicle must be leased new and registered in Delaware, and the lease must be a consumer lease for personal, family, or household use. If the manufacturer cannot repair the vehicle, the remedy for a lessee typically takes the form of a refund of payments made plus payoff of the lease, rather than a replacement, though the parties can negotiate either outcome.

Delaware's lemon law statute itself does not contain an explicit statute of limitations. Most practitioners apply the four-year UCC statute of limitations for breach of warranty under 6 Del. C. § 2-725, measured from delivery of the vehicle. However, the qualifying defects and repair attempts must have occurred within the coverage period (the warranty term or one year from delivery, whichever is earlier). If the manufacturer offers a certified informal dispute resolution program, you must complete that process first; the time spent in arbitration generally tolls the limitations period.

If the manufacturer fails to repair after a reasonable number of attempts, you can elect either a replacement vehicle of comparable value or a refund of the full purchase price including taxes, license fees, finance charges, and incidental costs such as towing and rental cars. The refund is reduced by a mileage offset calculated as the miles driven before the first report of the defect, multiplied by the purchase price, divided by 100,000. Section 5008 also allows treble damages and attorney's fees in cases where the manufacturer's failure to comply with the statute is established, which significantly increases pressure to settle.