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Buying a car can be an exciting adventure, especially if it is your first car that you’ve always wanted. So what happens if you buy a car and upon reaching your home you find it full of defects? In most cases, the manufacturer or authorized dealer from whom you bought the car will take the car for a repair. There might be a problem that keeps on recurring after numerous attempts by the manufacturer to repair it. In this case you will already be having a lemon. Under Delaware Lemon Law, your authorized dealer or manufacturer will be required to refund your money or replace that vehicle with a comparable one. Actually, the buyer is the one with options of either getting a refund or vehicle replacement. In this article, you will find some basic overview of Lemon laws in Delaware and steps to take if you own a lemon.
Delaware Lemon Law enforcement
Department of Justice, Fraud and Consumer Protection Division is the department that enforces the lemon law in Delaware. This department has an online brochure with all the necessary information regarding Delaware lemon law and remedies to lemons. Part of this brochure states that lemon law in Delaware only covers new cars and trucks with defects that impair the vehicles safety, use as well as market value.
Filing your complaints
You don’t need an attorney to get compensation if you truly have a lemon. Under Delaware lemon law, you can comfortably argue your case as long as you provide the required documentation. However, the law can be complicated if you are not well versed with consumer protection laws. If this is your case, you may hire an experienced attorney to help you argue your case.
Criteria of Delaware lemon law
If your new vehicle that you leased or purchased is faulty and that its value, use or safety is compromised, you can evoke a lemon law, but you are required to meet one of the following conditions:
- The manufacturer or authorized dealer has made up to 4 unsuccessful attempts to fix the defects
- The vehicle has been out of service for 30 days or more.
If your vehicle falls under one of the above criteria, then you might invoke Delaware lemon law to get compensation. Be sure that you have all the documents in place before you report your complaints to Delaware Consumer Protection Unit. If you feel that you can’t argue the case yourself, you can hire the services of a qualified attorney for representation. If your car truly qualifies for a Lemon Law protection, a good lawyer will not ask you for upfront legal fees. He will accept to represent you and deduct his legal fees when the case is decided in your favor.
Delaware lemon law Documentation
- Purchase or lease documents
- Maintain records including maintenance receipts showing the cost incurred
- Evidence of communication with your dealer/manufacturer (letters, phone call records, emails)
- All documents/photos showing the defects
- Repair records
These documents may help to have a strong case if you file a law suit against your car dealer or manufacturer.