Delaware Lemon Law Summary
STANDARDS OF THE DELAWARE LEMON LAW
The following is a brief explanation of most relevant provisions of the Delaware lemon
law. The complete text of the lemon law can be found at 5 Del. Code Ann. §§ 5001 et
seq.
VEHICLES COVERED
The Delaware lemon law covers automobiles, defined as any passenger motor vehicle
that is leased or bought in Delaware or registered in Delaware. The lemon law does not
cover motorcycles or the living facilities of motor homes.
Guidance from the Delaware Department of Justice indicates that the lemon law applies
only to new automobiles.
CONSUMERS COVERED
The lemon law covers the following consumers:
1. The purchaser of an automobile, for purposes other than resale;
2. A person to whom an automobile is transferred during the duration of an express
warranty applicable to the automobile; and
3. Any other person entitled by the terms of the warranty to enforce the obligations of
the warranty.
Because the lemon law covers leased vehicles, “consumer” appears to also include a
lessee.
PROBLEMS COVERED
The lemon law covers any nonconformity, which is defined as a defect or condition that
substantially impairs the use, value or safety of an automobile.
AFFIRMATIVE DEFENSE
The lemon law provides manufacturers with an affirmative defense if it can be shown
that the alleged nonconformity is the result of abuse, neglect, or unauthorized
modifications or alterations of the new automobile by anyone other than the
manufacturer, its agent or dealer.
MANUFACTURER’S DUTY TO REPAIR
If a new automobile does not conform to the manufacturer’s express warranty, and the
consumer reports the nonconformity to the manufacturer, its agent or dealer during the
term of the warranty or the period of one year following the date of the automobile’s
original delivery to the consumer, whichever is earlier, then the manufacturer, its agent
or dealer must make the necessary repairs within a reasonable period of time to conform
the new automobile to the warranty.
More at: bbb.org/us/auto-line/state-lemon-laws/
