Lemon Law in Delaware
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Delaware has lemon law that is similar to those of other states. The lemon law is also known as he Magnuson-Moss Act and requires manufacturers to pay compensation for defective motor vehicles. The state of Delaware includes motor vehicles other than automobiles. Those included are recreational vehicles, trucks, motorcycles, computers, and consumer products or appliances.
Motor vehicles that qualify under lemon law in the state of Delaware also qualify under federal lemon law. Both federal and Delaware law requires the motor vehicle to be defective and have a particular number of repair attempts made while the vehicle is still under the manufacturer’s express warranty.
A defect is required to alter the market value of the motor vehicle that is still under express warranty. The defect may also be eligible if it may cause injury to the driver or other passengers. Such a defect may include a seatbelt malfunction.
Cosmetic defects or radio malfunction will not qualify as a lemon. When seeking lemon compensation a third party member will be required. This is often in the form of a lawyer as much paperwork will be required.
When repurchasing a vehicle, the Delaware lemon law requires manufacturers to repay the full purchase price, including credit for any trade-in cars. They also must pay back any associated purchase costs, such as sales taxes, registration fees, and dealer prep fees. The manufacturer may deduct a reasonable provision for use based on the amount of miles driven prior to the first report of nonconformity.
Warranty and Repair
If the motor vehicle is no longer under warranty when being reported, though the repair attempts took place while under express warranty, the motor vehicle will not qualify for a lemon. However if a motor vehicle has been reported as a lemon while under warranty it may receive manufacturer, agent, or dealer repair under lemon law after the express warranty has expired.
If a motor vehicle qualifies as a lemon the dealer, manufacturer, or agent is required to make a repair attempt on the vehicle. This repair must restore the motor vehicle to the factory standard. If the manufacturer, dealer, or agent cannot restore the vehicle to the factory standard, then the consumer is open for compensation.
Prior to being reported as a lemon the motor vehicle must undergo a reasonable number of repair attempts. The state of Delaware states that three or four attempts is a reasonable number. The consumer must present the proper paperwork to the dealer, manufacturer, or agent as proof of the attempted repairs.
The consumer is also open for lemon compensation and repair attempts if the motor vehicle has been out of use for thirty days or more. These days do not need to be consecutive but must be due to repair attempts.
Delaware Used Car Lemon Law
The Delaware lemon law expressly excludes used vehicles. Lemon law safeguards, as in most states, only apply to vehicles that are still covered by their original manufacturer’s warranty. Because the majority of used vehicles are acquired long after the original manufacturer’s warranties have expired, Delaware’s lemon laws are not applicable to them. You may have a fraud case contingent on your specific situation, so contact a competent lemon law attorney to talk about the specifics.
Compensation
When the manufacturer, dealer, or agent cannot restore the motor vehicle to its market standard, the consumer is then open for compensation. Compensation is also possible if the dealer, manufacturer, or agent has attempted repair for thirty or more calendar days. Compensation will include the full purchasing or leasing price of the motor vehicle as well as any licensing fees, registration fees, and paid taxes.
Any abuse or other damages to the motor vehicle will be deducted from the compensation. Any cosmetic additions to the vehicle will not be compensation. A consumer is also up for compensation through a replacement vehicle. This replacement vehicle will be of the same market value as the lemon vehicle.
