Delaware Lemon Law rules at a glance
The Delaware Automobile Warranties (Lemon Law) is 6 Del. C. §§ 5001–5009.
| Rule | What Delaware law says | Source |
|---|---|---|
| Statute | 6 Del. C. §§ 5001–5009 | 6 Del. C. § 5001 |
| Vehicles covered | Passenger motor vehicles leased or bought in Delaware or registered by the Delaware Division of Motor Vehicles | |
| Not covered | The living facilities of motor homes | |
| Protection window | The warranty term or 1 year from original delivery, whichever is earlier | 6 Del. C. §§ 5002, 5004(a) |
| Four Repairs Test | Substantially the same defect was repaired 4 or more times and continues; the manufacturer must have prior direct written notice | § 5004(a)(1), (b) |
| More Than 30 Days Test | Out of service for repair more than 30 calendar days in total, counted from the first written repair document | § 5004(a)(2), (b) |
| Written notice | The presumption applies only if the manufacturer received prior direct written notification from you or on your behalf and had an opportunity to repair the defect. | § 5004(b) |
| Dispute program first? | If the manufacturer’s dispute program has a certificate of approval from the Division of Consumer Protection, you must use it first; otherwise you can go directly to the remedies. Certified programs must decide within 65 days and hold hearings in Delaware (§ 5007). | |
| Deadline | Delaware’s automobile warranties chapter does not set its own filing deadline. Other time limits still apply, so act promptly and ask a Delaware attorney | 6 Del. C. ch. 50 |
| Usage deduction | no more than the full purchase price × miles driven before you first reported the defect ÷ 100,000 | 6 Del. C. § 5003(c)(1) |
Four repairs or more than 30 days in Delaware
Delaware presumes a reasonable number of attempts, once the manufacturer has had direct written notice and a chance to repair, when within the warranty term or the first year (whichever is earlier):
Four Repairs Test
Substantially the same defect was repaired 4 or more times and continues; the manufacturer must have prior direct written notice.
§ 5004(a)(1), (b)More Than 30 Days Test
Out of service for repair more than 30 calendar days in total, counted from the first written repair document.
§ 5004(a)(2), (b)The defect must substantially impair the vehicle’s use, value or safety. The 30-day count starts on the first day you present the car for the defect and a written document describing it is prepared.
Notice to the manufacturer in Delaware
The presumption applies only if the manufacturer received prior direct written notification from you or on your behalf and had an opportunity to repair the defect.
In Delaware the presumption applies only after prior direct written notice to the manufacturer and a chance to repair.
Dispute program first. If the manufacturer’s dispute program has a certificate of approval from the Division of Consumer Protection, you must use it first; otherwise you can go directly to the remedies. Certified programs must decide within 65 days and hold hearings in Delaware (§ 5007).
If the manufacturer never directly tries or arranges a repair, it cannot defend by blaming the dealer’s repairs (§ 5004(b)).
Is there a Delaware lemon law deadline?
Delaware’s automobile warranties chapter does not set its own filing deadline. Other time limits still apply, so act promptly and ask a Delaware attorney (6 Del. C. ch. 50).
| Event | Date | Effect |
|---|---|---|
| Vehicle delivered | Mar 15, 2025 | The protection window starts |
| Protection window ends | March 15, 2026 | Repairs after this date do not count toward the tests |
| Filing deadline | Not set in the chapter | Delaware’s automobile warranties chapter does not set its own filing deadline. Other time limits still apply, so act promptly and ask a Delaware attorney |
How to file a Delaware lemon law claim
- Make sure every visit has a written repair documentThe 30-day count starts with the first one.
- Send direct written notice to the manufacturerIt must have a chance to repair before the presumption applies.
- Use a certified program if there is oneOnly programs certified by the Division of Consumer Protection must come first.
- Demand a repurchase or replacementYou can always decline a replacement and demand a repurchase.
- Go to court if neededA court may award costs and attorney fees.
Refund, replacement and the Delaware deduction for use
| Remedy | What it includes |
|---|---|
| Repurchase | The full purchase price, including trade-in credits, plus sales taxes, registration and dealer preparation fees, less an allowance for use and for damage beyond normal wear. You can always decline a replacement and demand a repurchase. |
| Replacement | A comparable new automobile acceptable to you, with incidental costs such as dealer preparation, registration transfer and sales tax reimbursed. |
How the Delaware deduction for use is calculated
no more than the full purchase price × miles driven before you first reported the defect ÷ 100,000 (6 Del. C. § 5003(c)(1)).
| Step | Math | Amount |
|---|---|---|
| Purchase price | — | $36,000.00 |
| Deduction for use | 6,000 miles before the first report × $36,000 ÷ 100,000 | −$2,160.00 |
| Refund before taxes, fees and other charges | Those are added under the rules above | $33,840.00 |
What a Delaware repurchase includes
| If you choose | The manufacturer pays |
|---|---|
| Repurchase | The full purchase price with all trade-in credits, plus sales taxes, registration and dealer preparation fees |
| Replacement | A comparable new automobile, plus incidental costs such as dealer preparation, registration transfer and sales tax |
| Either | No new financing burden beyond the original agreement if the manufacturer financed the car |
The allowance for use can be no more than the price × miles before your first report ÷ 100,000, plus damage beyond normal wear (not damage caused by the defect).
Delaware’s rules for manufacturer arbitration
- Only a program with a certificate of approval from the Division of Consumer Protection must be used first; otherwise you can go straight to your remedies.
- Certified programs must hold hearings in Delaware and decide within 65 days of your written request.
- The manufacturer must carry out an accepted decision within 30 days.
- The program may not make you present the car more than once for inspection or more than once for repair of the same defect.
Second owners in Delaware
A person to whom the automobile is transferred during the express warranty is a consumer. The chapter covers new automobiles under the manufacturer’s express warranty.
A person to whom the automobile is transferred during the express warranty is a consumer, but the repairs must still fall in the warranty or the first year after original delivery.
To test your own dates and repair visits, check your Delaware car in the free checker.
Delaware Lemon Law FAQs
What qualifies as a lemon in Delaware?
A new automobile with a defect that substantially impairs its use, value or safety, not fixed after 4 repairs or more than 30 days out of service within the warranty or the first year, after direct written notice to the manufacturer.
Can I refuse a replacement car in Delaware?
Yes. Delaware gives you an unqualified right to decline a replacement and demand a repurchase.
How is the Delaware lemon law refund calculated?
The full purchase price with trade-in credits, taxes and fees, minus no more than price × miles before your first report ÷ 100,000 and damage beyond normal wear.
How long do I have to file a lemon law claim in Delaware?
The chapter does not set its own deadline, but other time limits apply. Act promptly and ask a Delaware attorney.
Do I have to notify the manufacturer in Delaware?
Yes. The presumption applies only after prior direct written notice to the manufacturer and a chance to repair.
Sources
Checked on October 13, 2026. We re-verify Delaware rules when the legislature, the courts or the agency change them. Read how we check every rule in our editorial policy.