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Any problem that substantially impairs the use and market value of the product and warrantor is unable to make the product free form defects within a reasonable number of attempts. If you bought a malfunctioning vehicle, you may need a lemon law attorney to recover your losses.
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EVALUATION
TENNESSEE Lemon Law:
Tenn. Code Ann. §§ 55-24-201 to 55-24-212
Vehicles covered: Vehicles, as defined in Tenn. Code Ann. § 55-
1-103, sold and subject to registration and titling in Tennessee or
another state; excludes motorized bicycles, motor homes, lawn
mowers or garden tractors, recreational vehicles, off-road vehicles
and vehicles over 10,000 lbs. (§ 55-24-201(3)).
Persons covered: Purchasers, lessees, transferees during express
warranty period, or any person entitled to enforce the warranty;
excludes government or business entity with three or more vehicles
(§ 55-24-201(1), (2)).
Period covered: Whichever comes first: expiry of term of express
warranty or one year from the date of delivery (§ 55-24-201(5)).
Disclosure requirements: Manufacturer must notify the consumer
of the arbitration procedure for it to be binding on consumer
(§ 55-24-206(a)). Copies of detailed repair orders required each
time vehicle returned to consumer (§ 55-24-209).
Required consumer notice: Written notice by certified mail to the
manufacturer by the consumer or consumer’s representative (§ 55-
24-205(c)).
Repair requirements: It is presumed that a reasonable number of
attempts have been made if the same nonconformity is subjected to
three or more repairs, and the nonconformity continues to exist, or
the vehicle is out of service for a cumulative total of thirty or more
calendar days; final ten day period for manufacturer to repair after
receipt of consumer notice (§ 55-24-205).
Affırmative defenses: The nonconformity does not substantially
impair the vehicle, or is the result of the consumer’s abuse, neglect,
or unauthorized modifications or alterations (§ 55-24-203(e));
statute of limitations (§ 55-24-207).
Replace/refund: The manufacturer shall replace with a comparable
vehicle (defined), or refund the full purchase price less a reasonable
use allowance (defined) (§ 55-24-203(a), (b)). For leases, see
§ 55-24-204.
Other reimbursement: Collateral charges (defined) (§ 55-24-
203(b)(1)). Costs, expenses and attorney fees (§ 55-24-208).
Other remedies: There is no limit on other consumer remedies
(§ 55-24-210(a)). No lemon law suit allowed against dealer unless
it is also the manufacturer, or manufacturer is insolvent or can not
be served (§ 55-24-211).
Informal dispute resolution: For remedies under this section a
consumer must use an informal dispute settlement procedure established
by the manufacturer, provided the procedure complies
with 16 C.F.R. pt. 703 (§ 55-24-206).
Resale of lemon: No applicable provisions.
After submitting your free lemon law case evaluation, one of our attorneys will respond to you within 24 hours.
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