Consumer Protection · Lemon Law
Lemon Law in Delaware
How many repair attempts and days out of service before Delaware presumes your vehicle is a lemon, and whether used cars are covered.
presumption trigger (same defect)
Do I meet the Delaware lemon presumption?
Enter your repairs and downtime. This checks the presumption; it is not a legal verdict.
This checklist is educational, not a legal verdict. Every state writes these numbers as a rebuttable presumption: hitting them shifts the burden to the manufacturer, and the manufacturer can still rebut it. Keep every repair order, send any required written notice, and consult a lawyer about your specific facts. This is legal information, not legal advice.
How the presumption works in Delaware
The prongs that shift the burden to the manufacturer.
Delaware sets no mileage cap: the presumption period is the warranty term or 1 year from delivery, whichever ends first. The out-of-service track is more than 30 calendar days, and the manufacturer must get written notice and a chance to cure before the presumption applies.
Every state, Delaware included, writes these thresholds as a rebuttable presumption. Reaching them shifts the burden onto the manufacturer to prove your vehicle is not a lemon; it does not mean you automatically win. You may also qualify with fewer attempts if a "reasonable number" of repairs is shown some other way, and the manufacturer can rebut the presumption. This is legal information, not legal advice.
Used cars & leased vehicles
Which of the three coverage categories Delaware falls in.
The full picture, with the source
Every figure, and where it comes from.
| Same-defect attempts | 4 |
| Serious-safety attempts | No separate safety count |
| Days out of service | 30 calendar days |
| Coverage window | Warranty term or 1 year from delivery (whichever is earlier) |
| Used cars | New vehicles only |
| Leased vehicles | Covered |
| Statute | 6 Del. C. §5004 (presumption); §5001 (definitions) |
What Delaware car buyers get wrong
Delaware keeps its lemon law short and time-based. Under 6 Del. C. §5004, the state presumes a lemon after the same defect has been repaired 4 or more times and still exists, or after the vehicle has been out of service for more than 30 calendar days, within the earlier of the warranty term or 1 year from the date of delivery. There is no mileage cap and no smaller repair count for safety defects, so the same 4-attempt and 30-day tracks apply to every covered vehicle. One condition gates everything: the presumption does not run against a manufacturer unless it first received prior direct written notice and a chance to fix the problem, and the 30-day clock starts on the first day you present the car for service of that defect. As in every state, meeting these numbers shifts the burden to the manufacturer rather than deciding the case. The law reaches automobiles bought or leased in Delaware and excludes motor home living facilities.
Common questions
How many repairs is a lemon in Delaware?
Delaware presumes a lemon after the same defect is repaired 4 or more times and still exists, or after more than 30 calendar days out of service, within the warranty term or 1 year from delivery. It is a rebuttable presumption that shifts the burden to the manufacturer.
Is there a mileage limit on the Delaware lemon law?
No. Delaware sets no mileage cap. The presumption period is the earlier of the manufacturer’s warranty term or 1 year from the date the vehicle was delivered to you.
Do I have to notify the manufacturer first in Delaware?
Yes. The presumption does not apply unless the manufacturer received prior direct written notice and had an opportunity to repair or correct the defect. Keep records of that notice and the repair visits.
Does Delaware’s lemon law cover used cars?
There is no standalone used-car lemon law in Delaware. The statute covers automobiles bought or leased in the state that are still under the manufacturer’s express warranty, and leased vehicles are covered. Motor home living facilities are excluded.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.