Lemon Law Demand Letter — Delaware

LEMON LAW DEMAND LETTER

Pursuant to 6 Del. C. §§ 5001–5009 — Delaware Automobile Warranty Law

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY — SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

Date: [__/__/____]

To Manufacturer:
[________________________________]
ATTN: Customer Relations / Legal Department
[________________________________]
[________________________________]

To Selling/Servicing Dealer:
[________________________________]
ATTN: General Manager / Service Director
[________________________________]
[________________________________]

Re: DELAWARE LEMON LAW DEMAND — STATUTORY WRITTEN NOTICE
Pursuant to 6 Del. C. § 5004(b)
Consumer: [________________________________]
Vehicle: [____] [________________________________] [________________________________]
VIN: [________________________________]
Purchase/Lease Date: [__/__/____]
Current Odometer: [________________________________]

Dear Sir or Madam:

This firm represents [________________________________] ("Consumer") in connection with the above-referenced motor vehicle, which qualifies as a "lemon" under the Delaware Automobile Warranties law, 6 Del. C. §§ 5001–5009. The vehicle suffers from one or more nonconformities that substantially impair its use, value, or safety, and the manufacturer has been afforded a reasonable number of repair attempts without curing the defect(s).

This letter constitutes the prior direct written notification to the manufacturer required under 6 Del. C. § 5004(b) for the statutory presumption to apply, and affords the manufacturer an opportunity to cure.

I. DELAWARE LEMON LAW — STATUTORY FRAMEWORK

A. Scope of Coverage — 6 Del. C. § 5001(1)

Delaware's Lemon Law applies to any "automobile," defined by § 5001(1) as "any passenger motor vehicle which is leased or bought in Delaware or registered by the Division of Motor Vehicles . . . except the living facilities of motor homes." Coverage therefore turns on:

• The vehicle being a passenger motor vehicle; AND
• Being leased or bought in Delaware, OR registered by the Delaware DMV.

Excluded: the living facilities of motor homes (§ 5001(1)). The current statute contains no gross-vehicle-weight cap. Coverage is limited to new automobiles still within the § 5002 coverage period; the law does not extend to used-vehicle resale purchasers.

B. Coverage Period — 6 Del. C. § 5002

Delaware's Lemon Law protections apply during the earlier of:

1. The term of the manufacturer's express warranty; or
2. One (1) year following the date of original delivery of the automobile to the consumer.

C. Nonconformity Standard — 6 Del. C. § 5001(8)

A "nonconformity" is "a defect or condition which substantially impairs the use, value or safety of an automobile" (6 Del. C. § 5001(8)) and does not conform to the manufacturer's applicable express warranty. The manufacturer, its agents, or its authorized dealers must be unable to conform the vehicle to warranty after a reasonable number of attempts. It is an affirmative defense (§ 5006) that the nonconformity does not substantially impair use, value, or safety, or results from abuse, neglect, or unauthorized modification.

D. Presumption of Reasonable Attempts — 6 Del. C. § 5004

Under § 5004(a), there is a rebuttable presumption that a reasonable number of repair attempts have been undertaken if, within the coverage period:

1. Four (4) or more repair attempts — the substantially same nonconformity has been subject to repair or correction four or more times and the nonconformity continues to exist; OR

2. More than thirty (30) calendar days out of service — the automobile has been out of service by reason of repair or correction of one or more nonconformities for a cumulative total of more than 30 calendar days since original delivery.

E. Written Notice Requirement — 6 Del. C. § 5004(b)

For the § 5004 presumption to apply against the manufacturer, § 5004(b) requires prior direct written notice of the nonconformity and an opportunity for the manufacturer to repair or correct it. The statute does not make the presumption the exclusive method of proving that the manufacturer had a reasonable number of attempts.

This letter satisfies the written notice requirement.

F. Informal Dispute Settlement — 6 Del. C. § 5007

If the manufacturer has established an informal dispute settlement procedure that holds a certificate of approval from the Delaware Division of Consumer Protection, the remedies of this chapter are not available to a consumer who has not first resorted to that procedure (§ 5007(a)).

Critical: If the manufacturer's program does not hold a current certificate of approval, the consumer may immediately and directly seek this chapter's remedies without arbitration (6 Del. C. § 5007(a)).

The Division of Consumer Protection (within the DOJ's Fraud & Consumer Protection Division / Consumer Protection Unit, Wilmington) annually certifies manufacturer programs. Only programs that comply with 16 C.F.R. Part 703 and § 5007(c)–(e) — including a decision within 65 days of the consumer's written notification (§ 5007(d)(1)) — qualify.

G. Remedies — 6 Del. C. § 5003

If the manufacturer, its agent, or authorized dealer fails to conform the vehicle to warranty after a reasonable number of attempts, the manufacturer shall either replace or repurchase the automobile. The consumer has the unqualified right to decline a replacement and demand a repurchase instead (§ 5003(a)).

Option 1 — Replacement (§ 5003(a)–(b)): A comparable new automobile acceptable to the consumer, plus reimbursement of incidental costs (dealer preparation fees, registration-transfer fees, sales taxes, and other charges incurred as a result of the replacement). The manufacturer may not force refinancing that increases the consumer's obligations beyond the original financing agreement.

Option 2 — Refund (§ 5003(c)): Repurchase and refund of the full purchase price (including all credits and allowances for any trade-in, § 5003(a)), plus reimbursement of related purchase costs, including sales taxes, registration fees, and dealer preparation fees, less only:

• (1) A reasonable allowance for use, not to exceed the full purchase price × (number of miles driven before the consumer first reported the nonconformity ÷ 100,000 miles) (§ 5003(c)(1)); and
• (2) A reasonable allowance for damage not attributable to normal wear and not resulting from a nonconformity (§ 5003(c)(2)).

H. Costs and Attorney's Fees — 6 Del. C. § 5005

In a court action under this chapter, the court, in its discretion, may award the plaintiff's costs and reasonable attorney's fees (§ 5005). This provision is two-way: if the court determines the action was brought in bad faith or is frivolous, it may award reasonable attorney's fees to the defendant. A violation of the chapter is also an unlawful practice under the Consumer Fraud Act (§ 5009; 6 Del. C. § 2513).

II. VEHICLE INFORMATION

III. WARRANTY COVERAGE

All reported defects arose during the applicable warranty coverage period and remain unresolved as of the date of this letter.

IV. DESCRIPTION OF NONCONFORMITY

Primary Defect

Additional Defect(s)

(Attach additional sheets as necessary.)

V. REPAIR HISTORY

Repair Attempt No. 1

Repair Attempt No. 2

Repair Attempt No. 3

Repair Attempt No. 4

(Attach additional sheets for further repair attempts.)

Repair History Summary

VI. LEMON LAW QUALIFICATION

Consumer's vehicle meets the statutory presumption under 6 Del. C. § 5004 because:

☐ Four-Repair Threshold Met: The substantially same nonconformity has been subject to repair [____] times (4 or more required), and the defect continues to exist despite each repair attempt. 6 Del. C. § 5004(a)(1).

☐ Thirty-Day Out-of-Service Threshold Met: The vehicle has been out of service for repair for a cumulative total of [____] calendar days (more than 30 required) since original delivery. 6 Del. C. § 5004(a)(2).

☐ Both Thresholds Met: The vehicle qualifies under both prongs of the statutory presumption.

Federal Magnuson-Moss Warranty Act

In addition to state claims, Consumer asserts claims under the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301 et seq., which provides for damages, attorney's fees, and costs where a warrantor fails to comply with the terms of its written warranty after a reasonable opportunity to cure.

VII. ARBITRATION STATUS

Under 6 Del. C. § 5007:

☐ Manufacturer has a certified arbitration program. Consumer will submit this dispute to [________________________________]'s informal dispute settlement procedure, as required, and notes that a certified program must render a decision within 65 days of the consumer's written notification (§ 5007(d)(1)). Consumer reserves all rights if the result is not accepted.

☐ Manufacturer does NOT have a certified program. Consumer may immediately and directly seek this chapter's remedies without exhausting any informal dispute settlement procedure. 6 Del. C. § 5007(a).

☐ Consumer has already completed arbitration on [__/__/____] and the result was: ☐ Unsatisfactory ☐ Not accepted by manufacturer. Consumer is now entitled to pursue judicial remedies.

VIII. DEMAND FOR RELIEF

Pursuant to 6 Del. C. § 5003, we demand the following:

Option A — Refund / Repurchase

Option B — Replacement

Provide a comparable new automobile acceptable to Consumer, with the reimbursements and financing protections required by 6 Del. C. § 5003(b).

Additional Relief

• Costs and reasonable attorney's fees in the court's discretion under 6 Del. C. § 5005
• Allocation of any refund to the consumer and lienholder as their interests appear under 6 Del. C. § 5003(d)
• Other warranty or federal relief, if separately authorized and proved: [________________________________]

IX. REPAIR OPPORTUNITY

This letter provides the direct written notice relevant to the presumption under 6 Del. C. § 5004(b) and offers the manufacturer an opportunity to repair or correct the nonconformity.

Please contact the undersigned within ten (10) business days to either:

1. Schedule a repair opportunity at a mutually agreeable authorized facility; or
2. Arrange for vehicle repurchase or replacement.

If the nonconformity is not cured during this repair opportunity, Consumer will proceed with all available legal remedies including arbitration (if required) and/or litigation.

X. DOCUMENT PRESERVATION DEMAND

You are hereby directed to preserve all documents and electronically stored information relating to this vehicle and this claim, including but not limited to:

• All warranty repair orders and service records for this VIN
• Internal technical service bulletins (TSBs) related to the reported defect(s)
• Customer complaints and field reports regarding similar defects in the same model/year
• Communications between the dealer and manufacturer regarding this vehicle
• Engineering analyses, root-cause investigations, and recall data
• The vehicle itself (do not destroy, auction, sell, or materially alter)

Spoliation of evidence may result in adverse inference instructions and sanctions.

XI. RESPONSE DEADLINE

We require your written response within fifteen (15) days of the date of this letter, including:

1. Whether you acknowledge that the vehicle qualifies as a lemon under Delaware law;
2. Your offer for repurchase or replacement;
3. If you contend the vehicle does not qualify, a detailed written explanation with supporting documentation;
4. Scheduling of a repair opportunity, if desired.

If we do not receive a satisfactory response, Consumer will:

☐ Submit the claim to the manufacturer's CPU-certified arbitration program (if applicable)
☐ File suit in the appropriate Delaware court, including the Superior Court of the State of Delaware
☐ File a complaint with the Delaware Attorney General — Consumer Protection Unit
☐ Pursue claims under the Magnuson-Moss Warranty Act in the U.S. District Court for the District of Delaware

XII. RESERVATION OF RIGHTS

This letter is written without prejudice to any rights and remedies available to Consumer under 6 Del. C. §§ 5001–5009, the Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301 et seq.), the Delaware Consumer Fraud Act (6 Del. C. § 2513), the Uniform Commercial Code (6 Del. C. Article 2), and any other applicable law. All rights are expressly reserved.

Respectfully submitted,

[________________________________]

By: _________________________________
[________________________________], Esquire
Delaware Bar No. [____]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Attorneys for [________________________________]

ENCLOSURES:
☐ Copies of all repair orders (chronological)
☐ Copy of purchase/lease agreement
☐ Copy of manufacturer's warranty booklet
☐ Vehicle registration
☐ Photographs/video documenting defect
☐ Prior correspondence with manufacturer and/or dealer
☐ Rental vehicle receipts and towing invoices
☐ Authorization to represent

cc: Consumer — [________________________________]
Lienholder — [________________________________]
Delaware Attorney General — Consumer Protection Unit, Wilmington, DE

DELAWARE-SPECIFIC NOTES

1. Coverage Tracks the "Passenger Motor Vehicle" Definition. The current § 5001(1) definition covers "any passenger motor vehicle . . . except the living facilities of motor homes," with no gross-vehicle-weight cap. (An older version expressly excluded motorcycles; the current codified text does not list that exclusion — confirm coverage of a specific vehicle type against § 5001(1) rather than assuming.)

2. Certification of Manufacturer Arbitration Programs Is Mandatory. Delaware requires a manufacturer's informal dispute settlement procedure to hold an annual certificate of approval from the Division of Consumer Protection (§ 5007). If the program is not certified, the consumer may immediately and directly seek this chapter's remedies without arbitration (§ 5007(a)). Verify certification status with the Consumer Protection Unit before assuming arbitration is required.

3. The "Reasonable Use" Offset (§ 5003(c)(1)). On a refund, the manufacturer may deduct a reasonable allowance for use not exceeding the full purchase price × (miles driven before the consumer first reported the nonconformity ÷ 100,000). Because the numerator is capped at pre-report mileage, prompt reporting minimizes the offset.

4. Costs and Attorney's Fees Are Discretionary and Two-Way (§ 5005). Under 6 Del. C. § 5005 the court may, in its discretion, award a prevailing consumer's costs and reasonable attorney's fees — but may also award fees to the defendant if the action was brought in bad faith or is frivolous. This is not a one-way, mandatory consumer fee-shift.

5. Select the Court Claim by Claim. Confirm subject-matter jurisdiction, available remedies, the amount in controversy, and jury procedure before choosing a Delaware court. The Justice of the Peace Court's civil monetary jurisdiction does not exceed $25,000; do not assume it can grant every remedy requested in a lemon-law dispute.

6. Delaware's Consumer Protection Unit (CPU). The CPU, housed within the Delaware Department of Justice in Wilmington, is the primary enforcement and oversight body for lemon law matters. The CPU can be reached at (302) 577-8600. Consumers may also file complaints online through the Attorney General's website.

7. New Vehicles Only. Delaware's Chapter 50 lemon-law process applies to new automobiles within the § 5002 reporting period. Analyze any other warranty, fraud, or federal claim separately rather than assuming that Chapter 50 covers a used-vehicle resale.

Sources and References

• 6 Del. C. §§ 5001–5009 — Delaware Automobile Lemon Law: https://delcode.delaware.gov/title6/c050/index.html
• Delaware Attorney General — Consumer Protection Unit — Lemon Law: https://attorneygeneral.delaware.gov/fraud/cpu/delaware-lemon-law/
• Delaware Division of Motor Vehicles — Lemon Law Titling: https://dmv.de.gov/VehicleServices/titles/index.shtml?dc=ve_title_lemon
• Delaware Courts — Justice of the Peace Court jurisdiction: https://courts.delaware.gov/jpcourt/jurisdiction.aspx
• 15 U.S.C. §§ 2301 et seq. — Magnuson-Moss Warranty Act
• 16 C.F.R. Part 703 — FTC Informal Dispute Settlement Procedures

This template is for informational purposes only and does not constitute legal advice. Lemon law requirements are subject to change. Verify all citations and current requirements with a licensed Delaware attorney before use.