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No Attorney’s Fees Unless We Recover · Under Del. Code tit. 6, §5001 to §5009 Delaware Lemon Law

Delaware Lemon Law Attorneys

You Can Get a Cash Settlement, a Replacement Car, or a Refund with Easy Lemon

Millions Recovered for Drivers
Statute-cited approach
2022 or Newer Vehicles
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$30M+**
Recovered
97%*
Resolution Rate
No Attorney’s Fees†
Unless We Recover
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Client Rating
The 60-second answer

The Delaware Lemon Law (Del. Code tit. 6, §5001 to §5009) requires manufacturers to repurchase or replace a new motor vehicle with a substantial defect after 4 repair attempts for the same defect or 30 cumulative calendar days out of service. In Delaware, the court may award a consumer who prevails costs and reasonable attorney fees. You pay no attorney fees unless we recover for you. Easy Lemon represents Delaware drivers at every stage.

Steven Nassi

How your Delaware claim gets built

Our lemon law work is directed by Steven P. Nassi, Esq., Managing Partner, Easy Lemon by RockPoint Law P.C. A Delaware claim gets built on two things: the Delaware lemon law statute, and the federal Magnuson-Moss Warranty Act, which applies in all fifty states. Send the repair orders and the purchase or lease paperwork, and we can tell you which of the two fits your vehicle.

Read Steven Nassi’s full bio →
Warning Signs

Is Your Car a Lemon?

Your car may be a lemon if it keeps going back to the dealer or the mechanic for the same problem. Under Delaware law, the defect must make the car unsafe, unreliable or worth much less. The manufacturer or dealer must also have failed to fix it after several tries.

The same noise, shaking or warning light keeps coming back.

The dealer has worked on it multiple times and the problem is still there.

Your Rights

Understanding Delaware's Lemon Law

Delaware's Lemon Law is found at Del. Code tit. 6, §5001 to §5009 and sets the rules for defective new vehicles in the state.

Statute
Del. Code tit. 6, §5001 to §5009, Delaware Lemon Law
Eligible Vehicles
New & leased vehicles within Delaware's eligibility period
Repair Threshold
4 repair attempts OR 30+ days out of service
Remedies
Full refund, replacement, or cash settlement
Attorney Fees
The court may order the manufacturer to pay
Arbitration
Varies by state, we review what applies to your case
Delaware's lemon law sets no filing deadline of its own, but defects must be reported within the warranty term or 1 year from original delivery, whichever is earlier. Delaware law entitles you to a full refund, replacement vehicle, or cash settlement. No attorney fees unless we recover for you. In Delaware, the court may award a consumer who prevails costs and reasonable attorney fees.
The Process

How Delaware's Lemon Law Process Works

1

Document Your Repairs

Ask for a repair order every time you visit a Delaware dealer, even if the technician finds nothing. Under Del. Code tit. 6, §5001 to §5009, these papers prove your repair attempts. Keep every receipt and work order.

2

Contact Easy Lemon

Send us your records. We check your repair history against Delaware's statute and tell you if your car qualifies as a lemon. The consultation is free, with no obligation.

3

We File Your Claim

We prepare the claim and handle the paperwork. This includes any notice to the manufacturer that Del. Code tit. 6, §5001 to §5009 requires.

4

Manufacturer Response

If Delaware law gives the manufacturer a final repair attempt, it gets one. If the defect remains, Delaware law entitles you to relief. Most claims then move toward settlement.

5

Get Compensated

You receive a refund, a replacement vehicle or a cash settlement. No attorney fees unless we recover for you.

Our Edge

Why Choose Us for Lemon Law?

Past Results

We've recovered over $30 million for our clients by securing refunds, cash settlements, and replacements.

Client-Centered Approach

We receive positive feedback from clients we have represented.

Fee-Shift Representation

In Delaware, the court may award a consumer who prevails costs and reasonable attorney fees. No fee unless we recover compensation.

Focused Results

We know the stress defective vehicles bring, so we simplify the process for you.

At Easy Lemon, your success is our mission. Let us simplify the process and get you the justice you deserve.

Actual Settlements

Delaware Lemon Law Results

These are actual settlements obtained by the firm, shown because we do not yet have enough resolved matters in Delaware to report state-level figures. Prior results do not guarantee or predict a similar outcome; every case is different. See our recent settlements page for more.

$140,242
Florida

Buyback settlement

$120,514
Florida

Defect: a recurring defect

$119,218
Florida

Defect: electrical/ technology

$111,200
Florida

Defect: brake/ steering/ suspension

$110,122
Texas

Defect: electrical/ technology

$103,592
2024 Mercedes Benz Truck Glc300
Result

Defect: electrical/ technology

Results may vary. Prior outcomes do not guarantee a similar result. Each case is unique and depends on its specific facts and applicable law.

What You're Entitled To

What The Manufacturer May Owe You

Refund

You get your purchase price back, including taxes and fees, minus any use deduction Delaware law allows.

Cash Settlement

You receive a payment for the unresolved defect and keep your car.

Vehicle Replacement

You get a comparable new vehicle in place of the defective one, at no extra cost.

Meet Our Team

Meet Our Legal Team

Our lawyers are only permitted to practice law in the jurisdictions in which they are licensed or have been authorized to practice.

Real Results. Real Stories.

What Our Clients Say

About the Delaware Lemon Law

Answers anchored to Del. Code tit. 6, §5001 to §5009, the statute that governs lemon law claims in Delaware.

What is the Delaware lemon law? +
The Delaware Lemon Law is Del. Code tit. 6, §5001 to §5009, and it covers new motor vehicles purchased or leased in Delaware for personal, family, or household use (under 10,000 lbs GVWR). The same rules apply from Wilmington to Rehoboth Beach, including Dover, Newark, Middletown and Georgetown. When the new car still has a defect covered by the warranty after the repairs the law counts, the owner can ask the manufacturer for a replacement vehicle or a full refund, and the manufacturer then takes a reasonable use offset out of the refund.
How many repair attempts make a car a lemon in Delaware? +
Delaware requires 4 repair attempts for the same defect, or 30 cumulative calendar days out of service.
What is the Delaware lemon law statute of limitations? +
Delaware's lemon law sets no statute of limitations of its own, but the defect must be reported within the warranty term or 1 year from original delivery, whichever is earlier. Notice rules and a separate statute of limitation can also apply, and waiting too long can cost you your rights. When the warranty is already over, we look for the oldest repair order that mentions the defect, since a defect reported while the warranty was active can still support a claim after the coverage ends.
Does the Delaware lemon law cover used cars? +
Usually not, because the Delaware statute is written for new motor vehicles, so a used car bought in Delaware generally falls outside it. But the federal Magnuson-Moss Warranty Act goes by the written warranty, and a used car can still have a claim under it, or under another consumer statute, if the defect showed up while the manufacturer's warranty was active. So we ask used-car owners for the warranty papers along with the repair orders.
Are leased cars and motor homes covered in Delaware? +
A new car leased in Delaware is covered like one bought there, as long as it's for personal, family, or household use and under 10,000 lbs GVWR. Motor homes are a special case. The Delaware law specifically covers them, but only the chassis and drivetrain, and the living quarters are left out.
How long does a lemon law case take in Delaware? +
Some claims settle within weeks and others take months, especially when the manufacturer asks for its own inspection of the car. Most Delaware lemon law cases we handle settle at the written-demand stage, without a lawsuit. It helps to call us once you're close to 4 repair attempts for the same defect, well before the 1-year reporting window closes.
Will I need to go to court in Delaware? +
Probably not, because most of the lemon law cases we handle for Delaware drivers settle with the manufacturer before a lawsuit is filed. If one doesn't, the owner can go to court without arbitrating first, since arbitration is available in Delaware but not required before a lawsuit.
What can I get if my car is a lemon in Delaware? +
The statute gives two remedies, a replacement vehicle or a full refund minus a reasonable use offset. A cash settlement comes out of negotiating instead, and then you keep the car and get paid for the defect, while with a buyback or a replacement the car goes back to the manufacturer. Which one we go after depends on Delaware law, the facts, your choice and the negotiations.
Who pays the attorney's fees in a Delaware lemon law case? +
If you prevail, the court may award you costs and reasonable attorney fees against the manufacturer (6 Del. C. §5005). Magnuson-Moss (15 U.S.C. §2310(d)) has a fee-shifting route of its own when a written warranty is breached, so a Delaware case can have two. Nothing is paid upfront. We work on contingency, and there's no attorney's fee unless we recover for you. When a manufacturer settles or loses, we ask it to pay our fees in addition to your recovery. Our fee agreement is one page, and we go over it with you on the first call.
Do I need a lemon law attorney in Delaware? +
You can represent yourself, but the manufacturer will have its own legal team. A lemon law attorney knows what Delaware law requires and how the negotiation and the litigation work, and in Delaware the court may award a consumer who prevails costs and reasonable attorney fees. Whether to hire counsel is your decision.
Are there lemon law lawyers near me in Delaware? +
Easy Lemon has no office in Delaware, and our lemon law lawyers work with Delaware clients by phone, email and e-signature from our offices in Manhasset NY, Newark NJ, Miami FL and Dallas TX. Nothing in the Delaware statute requires you to appear anywhere to open a claim. Someone in Dover or Seaford uploads the repair orders, the purchase or lease contract and the warranty booklet, and we send the written demand to the manufacturer, with a copy of every letter we send going to you and a note whenever the manufacturer responds. Our lawyers practice only in the jurisdictions where they are licensed or have been authorized to practice.
Is Easy Lemon a real law firm? +
Yes, Easy Lemon is a consumer brand of RockPoint Law P.C. Easy Lemon was founded in 2024. Our attorneys have 25+ years of combined experience, and Ron Kaniuk, the Florida managing partner, has practiced law since 1997. The firm has represented 1,500+ clients in vehicle warranty disputes, and the published case studies from other states, including the ones described on this page, are on our site, easylemon.com.

Frequently Asked Questions

How do I start a lemon law claim in Delaware? +
It starts with a call to 855-435-3666 or the free case review form at easylemon.com, and after we hear what happened we ask for the repair orders. A Connecticut client sent us four of them for a 2025 Audi Q5 bought new in Wallingford with 32 miles on it. It went back to the dealer at 8,008 miles. The dealer put on a new fuel filler cap, and the cap still popped off. They did Audi's KD2 service action, and they ended up doing it twice. A remote software update left the check engine light on, so they reprogrammed modules, and they also found a wheel with one lug nut missing and the other lugs loose. On the fourth visit the Q5 came in on a tow truck because it had lost power on the road, and all four visits kept it out of service 34 days. With a Delaware car we hold orders like those up against the 4 attempts and the 30 days. If they meet one of them, the manufacturer gets a formal claim and we negotiate, mostly by phone and email.
Do days in the shop count as much as repair visits? +
Yes, in Delaware 30 cumulative calendar days out of service is enough by itself, even with fewer than 4 repair attempts. A 2024 Audi Q8 e-tron in Texas only went in three times. The rear motor leaked coolant into its housing. At about 20,000 miles the dealer replaced the whole rear motor under an Audi service bulletin. Then warning lights came on, the cruise control quit and the rear light bar went dark. The turn signals acted up and the trunk wouldn't open all the way. Technicians put in new electronic modules, and those failed too. Our client asked the dealer's sales representative about it and was told "The car can't be fixed." It spent 166 days out of service, more than five times the 30 days in Delaware's test.
What if the Delaware dealer says it can't find the problem? +
We still want the repair order from that visit, even if the technician wrote that nothing was found. A couple in South Florida heard a noise from the rear of their new Kia Telluride. They took it back four times. Nobody at the dealer could say what was making it, and by the time they called us the car had been out of service for more than 40 days. We sent Kia America a formal demand, and Kia bought the Telluride back. The Delaware Lemon Law can still reach an intermittent defect if it substantially impairs the vehicle. The dealer may never see it happen, so the proof comes from the repair records, what you tell us and sometimes a technical expert.
What defects count under the Delaware lemon law? +
Most of what Delaware drivers bring us is engine stalling and misfires, transmission shudder or failure, electrical faults that leave warning lights on, brake and steering problems, and driver-assistance (ADAS) systems that brake or drift on their own. What the statute asks is whether the defect substantially impairs the use, market value or safety of the vehicle, and it calls that a nonconformity, while scratches and small paint flaws usually don't get there. A South Carolina client of ours bought a new 2022 Jeep Wrangler on July 11, 2022. Three days later, at 186 miles, the steering was off-center and pulling right with vibration at highway speeds. By 7,130 miles it shook hard over bumps above 50 mph, the "death wobble", and by 28,280 miles the wobble came on at 70 mph. It went in for four repair attempts, one of them a recall repair, and the wobble was never fixed.
What if my car doesn't meet the Delaware repair count? +
There may be another route. Breach of warranty claims, the Magnuson-Moss Warranty Act and Delaware unfair trade practices and consumer protection statutes can each reach a defect that falls short of 4 attempts or 30 days. The UCC implied warranties are one more. Merchantability under UCC §2-314 applies to sales of goods by merchants, used vehicles included, and it's a lower bar than the lemon law's substantial impairment, while UCC §2-315 comes in when a buyer relied on the seller's advice for a particular use, like towing. If a case doesn't succeed, you owe us no attorney's fee.
Can I get a full refund for my car in Delaware? +
You can get close to it, because in a buyback you get the purchase price back, plus certain fees, minus a reasonable use offset for the miles you drove. A 2025 Toyota Tundra leased in North Dakota had 4 miles on it when our client leased it from Toyota of North Dakota on April 22, 2025. Within weeks the check engine light and a parking brake warning came on, and then came a cylinder 6 misfire at 1,900 miles that a new spark plug didn't fix. Toyota recommended replacing the short block, along with injectors, gaskets and valves, and the truck spent 135 days in the shop before it was bought back for $53,364.14. The 2025 Audi Q5 in Connecticut was bought back for $43,451.81. The firm-wide results listed above run from $103,592 to $140,242. Past results do not guarantee a similar outcome.
Do you take cases against every manufacturer? +
We take cases against major manufacturers, domestic and foreign, and our published results include Tesla, Audi, GMC, Chevrolet, Toyota and Jeep in several states. The 2023 GMC Hummer EV from Texas in the results above is one of them. A 2024 Tesla Cybertruck in New York had 15 miles on it at delivery. Then it started losing brake pressure. It went back to Tesla service five times for electrical, braking, steering, suspension and body and trim problems, 19 days out of service in all, and Tesla tried to fix the brakes four times before the truck was bought back. When a manufacturer won't cooperate, our attorneys negotiate first and litigate when they have to.

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Arbitration Board

Delaware Lemon Law Arbitration

Arbitration is available in Delaware but not required before a lawsuit, so a Delaware owner can take a lemon law claim to a program or straight to court, and which route fits is one of the first things we check. The general questions about these programs are answered in our lemon law FAQ.

Jurisdiction

Do I have to meet the repair count before arbitrating in Delaware?

Yes, a program takes a Delaware case once the repair history reaches 4 repair attempts for the same defect or 30 cumulative calendar days out of service, and after any written notice to the manufacturer that the statute makes a prerequisite. The program then sets its own timing.

Decision

Is an arbitration decision final under Delaware lemon laws?

The decision is often binding on the manufacturer, but the consumer generally keeps the right to appeal to civil court. Appeal deadlines vary, and we like to have a copy of the decision the day it arrives. If arbitration doesn't resolve the case, either side can file a civil suit, and the Superior Court for each county is covered in the Statute-Cited Answers below.

State vs Federal

Delaware Lemon Law vs Federal Magnuson-Moss

Most Delaware cases benefit from invoking both statutes, so we review every Delaware file under the state lemon law and under the federal Magnuson-Moss Warranty Act (15 U.S.C. §2301) and use the stronger one. The Delaware law gives you the repair presumption and the buyback remedy, but Magnuson-Moss adds a federal fee provision, and it can cover defects outside the Delaware lemon law period. On repairs, Delaware requires 4 repair attempts for the same defect or 30 cumulative calendar days out of service. But the federal act just asks for a "reasonable number" of repair attempts, and what counts as reasonable depends on the facts. Delaware's law sets no filing deadline of its own; the defect must be reported within the warranty term or 1 year from delivery, whichever is earlier, while the federal time limit is the length of the express warranty. The Delaware law reaches new motor vehicles purchased or leased in Delaware for personal, family, or household use (under 10,000 lbs GVWR), and Magnuson-Moss applies to any product under a written warranty, which is why used cars often qualify. Delaware law doesn't make you arbitrate before suing, and Magnuson-Moss does so only if the written warranty makes you use a program that meets FTC rules. A case under either one can be filed in state or federal court, and the federal fee rule is 15 U.S.C. §2310(d)(2).

The written warranty ties the two together. Delaware requires the manufacturer to provide a clear written warranty at time of sale, and the federal act covers that same written warranty, so the warranty booklet matters to both claims.

Practitioner Answers

Delaware Lemon Law: Statute-Cited Answers

Under Del. Code tit. 6, §5001 to §5009 a Delaware owner can sue without arbitrating first, and so the practical questions come down to which court and what paperwork.

Which Delaware court hears a case under the lemon law statute?

Usually the court in the Delaware county where you live or where the car was sold, and in Sussex, Kent and New Castle Counties the general civil trial court is the Superior Court of the State of Delaware, sitting in that county. Millsboro is in Sussex County, with the Superior Court sitting in Sussex County, and Elsmere and Townsend are both in New Castle County, with the Superior Court sitting in New Castle County. Clayton is split, because per the 2020 Census parts of it lie in Kent County and parts in New Castle County, so its courts are the Superior Court sitting in Kent County and the Superior Court sitting in New Castle County. If damages are over $50,000 or party diversity permits, a Magnuson-Moss claim can go to Federal District Court instead (15 U.S.C. §2310(d)(1)). In the end, which court hears a particular case still depends on its facts, the warranty issues involved and the law it is brought under.

What do Delaware lemon law attorneys need from you?

The repair orders, all of them, and that includes the visits where the technician couldn't find the cause, like the four on the Kia Telluride in Florida. After that the list is short.

  • the purchase or lease contract, with its delivery date
  • the warranty booklet, which shows the express warranty
  • emails, texts and letters with the dealer or manufacturer
  • receipts for towing, rentals and lodging, since those costs are often recoverable

The NHTSA recall site, nhtsa.gov/recalls, shows recall notices for your VIN, and it helps to keep a note of the date, the mileage and the symptom every time the problem comes back.

On a buyback the manufacturer takes a reasonable use offset for the miles you drove, and each state counts those miles its own way. A lot of manufacturers take the mileage, divide it by a useful life of 100,000 to 120,000 miles and multiply by the price, and the smaller the divisor they pick, the bigger the deduction gets, so we check their formula against the Delaware statute. Registration, taxes and finance charges usually go back to you in the refund, and so do towing or rental costs. Attorney fees are paid separately from the buyback.

Statewide Coverage

Serving Drivers Across All of Delaware

Easy Lemon represents Delaware consumers from Wilmington to Rehoboth Beach. We handle Del. Code tit. 6, §5001 to §5009 cases remotely, regardless of city or county.

WilmingtonDoverNewarkMiddletownSmyrnaMilfordSeafordGeorgetownElsmereNew CastleAll areas →

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97%*
Resolution Rate
No Attorney’s Fees†
Unless We Recover
★★★★★§
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