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Delaware Lemon Law FAQ

Delaware Lemon Law

Delaware Lemon Law
Answers To Frequently Asked Questions

How does the DE Lemon Law work?

The Delaware Lemon Law covers drivers whose vehicles suffer a nonconformity or defect within the first 12 months, that can't be repaired after 4 attempts by the manufacturers authorized dealership.(If you have three repair attempts, we can still help under the Federal Magnuson Moss Warranty Act.) Review the statute and a summary of the Delaware Lemon Law

Does a problem always need to occur three times to be considered a lemon?

Not necessarily. If your car is in the shop for an extended period of time in the first year, consecutive or not, we can file a claim under the Law. Likewise, if you are experiencing paint problems, the same kind of problem (electrical, water leak in the back versus water leak in the front, front brakes and then back brakes and then front brakes again), or if it is a significant problem that has occurred twice, we welcome you to submit your information for our consideration. We handle each case separately and we have made exceptions in the past.

Does the problem have to repeat itself within the year?

No. As long as the repair first appears in the year, we can file a claim. This is true even if the problem does not reoccur for quite a while after that.

Does mileage play a factor?

Not in Delaware. It does not matter how many miles you drive your car in the first year, as long as it is covered under the manufacturer's warranty.

What happens if I fall outside the 12 months before my first problem exists? Does this mean I do not have a claim?

No. If you are having continuous problems and your car is under a manufacturer's warranty, we can still help under the Federal Magnuson Moss Warranty Act. Please let us know about your repairs and we will have someone from our firm contact you and explain your rights. The representation is still completely cost-free.

How does the DE Lemon Law offer cost-free representation?

Like lemon laws in other states, The Delaware Lemon Law Statute contains a fee-shifting provision which means that if the consumer prevails, the manufacturer must pay all attorney fees and legal costs on top of what you receive. If you submit a claim to Kimmel & Silverman, and we accept your case, you will not pay anything out of pocket, win or lose. The fee-shifting provision gives you equal footing when battling against a multi-billion dollar automobile manufacturer.

Are leased cars covered under the Delaware Lemon Law?


Are motorcycles covered under the Delaware Lemon Law?

No, but, we ARE representing Delaware Motorcycle Drivers through the Federal Magnuson Moss Warranty Act, so if you are experiencing problems with your bike, please do not hesitate to submit your information for our review. We have successfully handled many motorcycle breach of warranty cases and we offer the same cost-free representation as we do under the Lemon Law.

I have had my car for only a few days and already I am having problems with it. Can I just return it to the dealership?

No. Problems can occur immediately, but if you are interested in opening a Lemon Law claim, you must follow proper procedures. That means making an appointment to have your car examined and repaired, and securing a repair invoice when you pick up your car. Make sure the invoice properly outlines all of the problems you disclosed to the service manager. We also suggest you keep a personal log of your repair visits and PLEASE HOLD ON TO THE INVOICES. This does not mean that we can't help you if you don't have the invoices (we can subpoena them if necessary) but it does make your case move along smoother. DO NOT JUST DROP OFF YOUR CAR AND KEYS AT A DEALER AND SAY "I DON'T WANT THIS CAR ANYMORE." THEY COULD COUNT IT AS A VOLUNTARY REPOSSESION AND IT COULD NEGATIVELY AFFECT YOUR CREDIT! IF YOU ARE HAVING PROBLEMS, CONSULT A CONSUMER ATTORNEY, BE IT US OR SOMEONE ELSE.

Are used cars covered under the Delaware Lemon Law?

This is the #1 question we receive at Kimmel & Silverman. Unfortunately, used cars are not covered under the Lemon Law, but hold on..don't get discouraged yet...If you have a manufacturer's warranty, original or extended, we can still help you under the aforementioned Mag Moss Act.

Also, if a dealer misrepresents a car at the time of sale, you may have rights under the Unfair Trade Practices Act. We encourage you to contact us to find out if and how we can be of assistance in these matters.

I have so many more questions. Who can I ask?

Ask away. Give us a call at 1-800-LEMON-LAW (1-800-536-6652) 24 hours a day or feel free to e-mail us and we will be glad to get back to you as soon as possible.

Read about the Delaware Lemon Law

Review the Delaware Lemon Law Statute

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