Delaware · Lemon law · Updated Oct 2026
Delaware Lemon Law (Automobile Warranties) (Del. Code Ann. tit. 6, §§ 5001–5009) protects buyers of new vehicles that can't be fixed. Here is what counts as a lemon in Delaware, the notice you must send and what you can get back.
Within the warranty term or 1 year from delivery (whichever ends first), your car is presumed a lemon if: (1) substantially the same defect was repaired 4 or more times and still exists; or (2) the car was out of service for repairs a total of more than 30 calendar days, counted from the first day you bring it in and the shop writes up the problem. The defect must substantially impair the car's use, value, or safety. The presumption only works against the manufacturer if it first got direct written notice from you (or someone for you) and had a chance to fix the defect.
Period: The manufacturer's express warranty term or 1 year from original delivery, whichever ends first. There is no mileage limit in the law.
Send the manufacturer direct written notice of the defect and give it a chance to repair it. The law does not require a specific delivery method such as certified mail.
Delaware has no state-run program. If the manufacturer's informal dispute program has an annual certificate of approval from the Attorney General's Consumer Protection Unit, you must use it first; if not, you can go straight to court. Certified programs must hold hearings in Delaware and decide within 65 days. The Consumer Protection Unit lists American Honda Motor Company as a registered manufacturer.
Your choice of a comparable new replacement acceptable to you or a repurchase; you have the unqualified right to refuse a replacement and demand a refund. A refund covers the full purchase price, including credits and allowances for any trade-in, plus related purchase costs such as sales tax, registration fees, and dealer preparation fees. The manufacturer may subtract a use allowance of no more than purchase price × (miles driven before you first reported the defect ÷ 100,000), plus an allowance for damage beyond normal wear and tear not caused by the defect.
Attorney fees: Yes, at the court's discretion. The court may award you costs and reasonable attorney fees in a lemon law suit (6 Del. C. § 5005).
The Attorney General says the Delaware Lemon Law applies only to new vehicles. Delaware has no separate used-car lemon law.
Most states require you to tell the manufacturer in writing and give it a last chance to fix the car. Send the manufacturer direct written notice of the defect and give it a chance to repair it. The law does not require a specific delivery method such as certified mail. Fill this in, copy the letter, sign it and send it by certified mail with return receipt. Keep a copy. Nothing you type here is sent to us; the letter is made in your browser.
Within the warranty term or 1 year from delivery (whichever ends first), your car is presumed a lemon if: (1) substantially the same defect was repaired 4 or more times and still exists; or (2) the car was out of service for repairs a total of more than 30 calendar days, counted from the first day you bring it in and the shop writes up the problem. The defect must substantially impair the car's use, value, or safety. The presumption only works against the manufacturer if it first got direct written notice from you (or someone for you) and had a chance to fix the defect.
The manufacturer's express warranty term or 1 year from original delivery, whichever ends first. There is no mileage limit in the law.
Send the manufacturer direct written notice of the defect and give it a chance to repair it. The law does not require a specific delivery method such as certified mail.
Delaware has no state-run program. If the manufacturer's informal dispute program has an annual certificate of approval from the Attorney General's Consumer Protection Unit, you must use it first; if not, you can go straight to court. Certified programs must hold hearings in Delaware and decide within 65 days. The Consumer Protection Unit lists American Honda Motor Company as a registered manufacturer.
Your choice of a comparable new replacement acceptable to you or a repurchase; you have the unqualified right to refuse a replacement and demand a refund. A refund covers the full purchase price, including credits and allowances for any trade-in, plus related purchase costs such as sales tax, registration fees, and dealer preparation fees. The manufacturer may subtract a use allowance of no more than purchase price × (miles driven before you first reported the defect ÷ 100,000), plus an allowance for damage beyond normal wear and tear not caused by the defect.
The Attorney General says the Delaware Lemon Law applies only to new vehicles. Delaware has no separate used-car lemon law.
Car not covered, or the period has passed? Federal warranty law may still help, and small claims court can handle smaller repair bills.
Federal warranty law