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Delaware

DELAWAR Lemon Law:

Del. Code Ann. tit. 6, §§ 5001 to 5009

Vehicles covered: Any passenger motor vehicle sold, leased or

registered in-state; excludes motorcycles and living facilities of

motor homes (§ 5001(5)). No reference to leased vehicles.

Persons covered: Purchasers, transferees during express warranty

period, or any person entitled to enforce the warranty (§ 5001(1)).

Period covered: Whichever comes first: expiry of term of warranty

or within one year from date of delivery (§ 5002).

Disclosure requirements: None for manufacturer.

Required consumer notice: Written notice to the manufacturer by

or on behalf of the consumer (§ 5004(b)).

Repair requirements: It is presumed that a reasonable number of

attempts have been made if the same nonconformity has been

subjected to four or more repairs, or the vehicle has been out of

service for thirty or more calendar days (§ 5004(a); opportunity to

cure after required notice from consumer (§ 5004(b)).

Affırmative defenses: The nonconformity does not substantially

impair the use or value of the vehicle, or is the result of the

consumer’s abuse, neglect, or unauthorized modifications or alterations

(§ 5006).

Replace/refund: At the consumer’s option, the manufacturer shall

replace with a comparable new automobile acceptable to the

consumer, or repurchase the automobile and give the consumer a

full refund minus a reasonable allowance for use (§ 5003).

Other reimbursement: Incidental costs (explained), other charges

and fees (§ 5003(b)); costs and attorney fees (§ 5005).

Other remedies: There is no limit on other consumer remedies

(§ 5008); violation is unlawful trade practice (§ 5009).

Informal dispute resolution: For remedies under this section a

consumer must first use an informal settlement procedure, if it is

approved by the Division of Consumer Affairs (§ 5007).

Resale of lemon: No applicable provisions.