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Delaware

Delaware Lemon Law

Delaware Lemon law Title 6, Subtitle II, Chapter 50, Sections 5001 - 5009

Delaware Lemon law 5001. Definitions.

As used in this chapter:

(64 Del. Laws, c. 173, ? 1; 66 Del. Laws, c. 36, ? 1.) ? Delaware Lemon law 5002. Duty to repair nonconforming automobiles.

If a new automobile does not conform to the manufacturer’s express warranty, and the consumer reports the nonconformity to the manufacturer or its agent or dealer during the term of the warranty or during the period of 1 year following the date of original delivery of an automobile to the consumer, whichever is earlier, the manufacturer shall make, or arrange with its dealer or agent to make, within a reasonable period of time, all repairs necessary to conform the new automobile to the warranty, notwithstanding that the repairs or corrections are made after the expiration of the term of the warranty or the 1-year period.

(64 Del. Laws, c. 173, ? 1.) ? Delaware Lemon law 5003. Remedies upon failure to repair.

(64 Del. Laws, c. 173, ? 1; 66 Del. Laws, c. 36, ? 3.) ? Delaware Lemon law 5004. Presumptions.

(64 Del. Laws, c. 173, ? 1; 66 Del. Laws, c. 36, ? 4.) ? Delaware Lemon law 5005. Costs and attorney’s fees in breach of warranty actions.

In any court action brought under this chapter by a consumer against the manufacturer of an automobile, or the manufacturer’s agent or authorized dealer, based upon the alleged breach of an express warranty made in connection with the sale of such automobile, the court, in its discretion, may award to the plaintiff his costs and reasonable attorney’s fees or, if the court determines that the action is brought in bad faith or is frivolous in nature, may award reasonable attorney’s fees to the defendant.

(64 Del. Laws, c. 173, ? 1; 66 Del. Laws, c. 36, ? 5.) ? Delaware Lemon law 5006. Affirmative defense to claim.

It shall be an affirmative defense to a claim under this chapter that the alleged nonconformity does not substantially impair the use, value or safety of the new automobile or that the nonconformity is the result of abuse or neglect or of unauthorized modifications or alterations of the new automobile by anyone other than the manufacturer, its agent or dealer.

(64 Del. Laws, c. 173, ? 1.) ? Delaware Lemon law 5007. Informal dispute settlement procedure.

- Require the consumer to take any action or assume any obligation not specifically authorized under the provisions of Title 16, Code of Federal Regulations, Part 703.

(64 Del. Laws, c. 173, ? 1; 66 Del. Laws, c. 36, ? 6; 69 Del. Laws, c. 291, ? 98(c).) ? Delaware Lemon law 5008. Remedies cumulative.

Nothing in this chapter shall in any way limit the rights or remedies available to a consumer under Subtitle I of this title.

(64 Del. Laws, c. 173, ? 1.) ? Delaware Lemon law 5009. Enforcement.

In addition to any remedies the consumer may have at law or in equity, a violation of this chapter shall be an unlawful practice as defined in ? 2513 of this title. The Division of Consumer Protection shall promulgate rules and regulations in order to implement the purposes of this chapter.

(64 Del. Laws, c. 173, ? 1; 66 Del. Laws, c. 36, ? 7; 69 Del. Laws, c. 291, ? 98(c).)