States

Delaware lemon law: when a new car is a lemon

What Del. Code tit. 6, §§ 5001 to 5009 asks before a manufacturer must repurchase or replace a car, the steps on the way and the last day to act.

Does your car meet the Delaware lemon law tests?

Defect that could cause death or serious injury?
Written notice already sent to the manufacturer?
Your warranty (default 3 years or 36,000 miles)

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Delaware, November 5, 2026 read in the statute

Not yet: one more repair attempt

Protection period1 year or the warranty term, whichever ends first: until January 5, 2027. You are inside it.
Repair attempts, same defectNot met: needs 4, you have 3
Days out of serviceNot met: needs more than 30 calendar days, you have 12
AlsoMore than 30 calendar days (the count starts when a written repair order is prepared).
NoticePrior direct written notice to the manufacturer and an opportunity to repair (§ 5004(b)).
Dispute stepA manufacturer procedure binds you only if the Division of Consumer Protection has certified it; otherwise you may go straight to the remedies (§ 5007).

Tests as written in the law; a court or arbitrator decides. Del. Code tit. 6, §§ 5001 to 5009

The Delaware lemon law in detail

Delaware’s Automobile Warranty Act, chapter 50 of title 6 of the Delaware Code, read on the state’s code site on November 1, 2026, protects a new passenger vehicle bought or leased in Delaware or registered there during the warranty term or the first year after delivery, whichever ends first. A reasonable number of attempts is presumed after four repairs of the same nonconformity, or when the car has been out of service for more than 30 calendar days, counted from the day a written repair order is prepared. The owner must give the manufacturer prior written notice and an opportunity to repair. A manufacturer dispute procedure binds the owner only when the Division of Consumer Protection has certified it. The use offset is the price times the miles driven before the first report, divided by 100,000, plus any damage beyond normal wear.

What notice does your state ask for?

Delaware

Written notice

Rule: Prior direct written notice to the manufacturer and an opportunity to repair (§ 5004(b)).
LawDel. Code tit. 6, §§ 5001 to 5009
Build the notice letter →

State laws read by Radif Partners · Editorial policy · Method and sources

The written repair order starts the Delaware count

Delaware ties the days-out-of-service test to paperwork: the clock for a visit starts when the dealer writes the repair order. Owners who leave a car without an order, or whose dealer opens the order days later, lose those days. Asking for the order on drop-off is the simplest protection.

The 100,000-mile divisor makes the Delaware offset larger than in states that divide by 120,000. On a $40,000 car reported at 5,000 miles, the statute’s formula deducts $2,000. The living quarters of a motor home are left out of the act.

The Delaware lemon law at a glance

Checked in early November 2026. Dates of any archived copy are given in the last row.
LawDel. Code tit. 6, §§ 5001 to 5009
Protection period1 year or the warranty term, whichever ends first
Repair attempts4 attempts on the same defect
Serious safety defectno separate test
Days out of servicemore than 30 calendar days
AlsoMore than 30 calendar days (the count starts when a written repair order is prepared).
Written noticePrior direct written notice to the manufacturer and an opportunity to repair (§ 5004(b)).
Dispute stepManufacturer program first. A manufacturer procedure binds you only if the Division of Consumer Protection has certified it; otherwise you may go straight to the remedies (§ 5007).
DeadlineNot set in the text we read
Use offset in a buybackPrice × miles before the first report ÷ 100,000, plus damage beyond normal wear (§ 5003).
Vehicles coveredPassenger vehicles bought or leased in Delaware or registered there, except motor-home living quarters.
Used carsNot covered.
State pageno agency page
Level of readingread in the statute

From written notice to a decision

Certified mail, return receipt requested.

Earliest decisionbetween Oct 16, 2026 and Nov 25, 2026

3Today
  1. 1. Done · milestone

    Written notice reaches the manufacturer

    Oct 16, 2026

    Prior direct written notice to the manufacturer and an opportunity to repair (§ 5004(b)).

    Del. Code tit. 6, §§ 5001 to 5009
  2. 2. Done · milestone

    Final repair attempt

    Oct 16, 2026

    No fixed number of days for this step in the Delaware text we read.

  3. 3. In progress · 0 day – 6 weeks

    Dispute program decides

    Oct 16, 2026 – Nov 25, 2026

    A program that follows 16 CFR Part 703 must decide within 40 days of receiving your dispute. A manufacturer procedure binds you only if the Division of Consumer Protection has certified it; otherwise you may go straight to the remedies (§ 5007).

    16 CFR 703.5(d)
  4. 4. Upcoming · milestone

    Accept, refuse or go further

    Oct 16, 2026 – Nov 25, 2026

    If you refuse the decision, the next step is the state program or a court.

Delaware: each bar is proportional to the time the text gives for the step; a step with no time in the law is a milestone.

Questions people ask

How many repair attempts make a car a lemon in Delaware?

The Delaware presumption starts at 4 attempts on the same defect, or more than 30 calendar days out of service in total, within 1 year or the warranty term, whichever ends first. Meeting a test creates a presumption, which the manufacturer can still contest before the program or the court. Count each visit with its repair order, and keep every order with its dates.

Does the Delaware lemon law cover used or leased cars?

Passenger vehicles bought or leased in Delaware or registered there, except motor-home living quarters. Used cars: Not covered. A used car sold with the rest of the manufacturer’s warranty still carries that warranty, which federal law enforces even where the state lemon law stops. Leases are covered where the text names lessees.

Must I go through arbitration before suing under the Delaware lemon law?

A manufacturer procedure binds you only if the Division of Consumer Protection has certified it; otherwise you may go straight to the remedies (§ 5007). Under the federal rule, 16 CFR Part 703, a manufacturer program that a warranty requires you to use first must decide within 40 days, and its decision does not bind you if you go to court afterwards. The warranty booklet names any program the manufacturer offers.

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State lemon laws 2026, read in each state code and on state consumer pages, last checked on