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?
Delaware, November 5, 2026 read in the statute
Not yet: one more repair attempt
| Protection period | 1 year or the warranty term, whichever ends first: until January 5, 2027. You are inside it. |
| Repair attempts, same defect | Not met: needs 4, you have 3 |
| Days out of service | Not met: needs more than 30 calendar days, you have 12 |
| Also | More than 30 calendar days (the count starts when a written repair order is prepared). |
| Notice | Prior direct written notice to the manufacturer and an opportunity to repair (§ 5004(b)). |
| Dispute step | A 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 detailDelaware’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)). | |
| Law | Del. Code tit. 6, §§ 5001 to 5009 |
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
| Law | Del. Code tit. 6, §§ 5001 to 5009 |
| Protection period | 1 year or the warranty term, whichever ends first |
| Repair attempts | 4 attempts on the same defect |
| Serious safety defect | no separate test |
| Days out of service | more than 30 calendar days |
| Also | More than 30 calendar days (the count starts when a written repair order is prepared). |
| Written notice | Prior direct written notice to the manufacturer and an opportunity to repair (§ 5004(b)). |
| Dispute step | Manufacturer 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). |
| Deadline | Not set in the text we read |
| Use offset in a buyback | Price × miles before the first report ÷ 100,000, plus damage beyond normal wear (§ 5003). |
| Vehicles covered | Passenger vehicles bought or leased in Delaware or registered there, except motor-home living quarters. |
| Used cars | Not covered. |
| State page | no agency page |
| Level of reading | read in the statute |
From written notice to a decision
Certified mail, return receipt requested.
Earliest decisionbetween Oct 16, 2026 and Nov 25, 2026
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 50092. Done · milestone
Final repair attempt
Oct 16, 2026
No fixed number of days for this step in the Delaware text we read.
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. 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.