Lemon Law Complaint

DELAWARE LEMON LAW COMPLAINT

1. CAPTION

IN THE [NAME OF DELAWARE COURT]

IN AND FOR [COUNTY] COUNTY

C.A. NO. [________________________________]

COMPLAINT UNDER DELAWARE'S AUTOMOBILE-WARRANTY LAW AND FOR BREACH OF WRITTEN WARRANTY; JURY DEMAND

Plaintiff alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF] resides in [COUNTY, STATE] and purchased the Automobile described below for purposes other than resale [OR STATE THE FACTS ESTABLISHING TRANSFEREE / WARRANTY-ENFORCEMENT STATUS].

2. Defendant [MANUFACTURER] manufactured the Automobile, issued or is obligated under the written warranty attached as Exhibit A, and may be served through [AGENT AND ADDRESS].

3. This Court has subject-matter jurisdiction because [STATE THE COURT-SPECIFIC BASIS AND AMOUNT IN CONTROVERSY].

4. Venue is proper in this County because [STATE THE FACTS SUPPORTING VENUE].

3. AUTOMOBILE, TRANSACTION, AND COVERAGE

5. On [DATE], Plaintiff took original delivery of a new [YEAR / MAKE / MODEL], VIN [VIN] (the “Automobile”), from [SELLING DEALER] under the transaction documents attached as Exhibit B.

6. The Automobile is a passenger motor vehicle bought or leased in Delaware or registered by the Delaware Division of Motor Vehicles. It is not merely the living facilities of a motor home. 6 Del. C. § 5001(1).

7. Plaintiff is a purchaser other than for resale, a transferee during the express-warranty term, or another person entitled by the warranty to enforce it and therefore is a “consumer” under 6 Del. C. § 5001(2). [FOR A LEASE, PLEAD THE FACTS ESTABLISHING WARRANTY-ENFORCEMENT STATUS.]

8. Defendant is a manufacturer within 6 Del. C. § 5001(6), and Exhibit A is the manufacturer's written express warranty within § 5001(7).

4. NONCONFORMITY AND REPAIR HISTORY

9. During the shorter of the manufacturer's express-warranty term or one year after original delivery, Plaintiff reported the following failure to conform to the express warranty:

[DESCRIBE EACH DEFECT OR CONDITION, WHEN IT APPEARED, THE WARRANTY PROVISION, AND ITS EFFECT ON USE, VALUE, OR SAFETY].

10. The condition substantially impaired the Automobile's [USE / VALUE / SAFETY] and therefore was a nonconformity under 6 Del. C. § 5001(8).

11. The condition did not result from abuse, neglect, or an unauthorized modification or alteration by a person other than Defendant, its agent, or dealer. 6 Del. C. § 5006.

12. Plaintiff first reported and presented the Automobile for repair on [DATE], at [MILEAGE] miles.

13. The repair history is documented by the repair orders attached as Exhibit C:

14. Select every applicable allegation under 6 Del. C. § 5004(a):

• ☐ Substantially the same nonconformity was subject to repair or correction at least four times during the applicable shorter warranty / one-year period, but it continues to exist.
• ☐ The Automobile was out of service for repair or correction of a nonconformity for a cumulative total of more than 30 calendar days since original delivery, beginning when Plaintiff first presented it and the manufacturer, agent, or dealer prepared a written document describing the nonconformity.
• ☐ Even if a statutory presumption is disputed, Defendant had a reasonable number of attempts under the facts proved.

15. Any claimed extension of the more-than-30-day period must be limited to a period when repairs could not be performed because of conditions beyond the manufacturer, agent, or dealer's control, including war, invasion, strike, fire, flood, or another natural disaster. 6 Del. C. § 5004(a)(2).

5. DIRECT WRITTEN NOTICE AND INFORMAL PROCEDURE

16. Before relying on the § 5004 presumption, Plaintiff gave Defendant direct written notice of the nonconformity on [DATE] and an opportunity to repair or correct it. The notice and delivery proof are attached as Exhibit D. 6 Del. C. § 5004(b).

17. Select the applicable allegation under 6 Del. C. § 5007(a):

• ☐ Defendant maintained an informal settlement procedure with a current certificate of approval from the Division of Consumer Protection. Plaintiff first resorted to that procedure on [DATE], completed it on [DATE], and attaches the decision as Exhibit E.
• ☐ Defendant's informal settlement procedure did not have a current certificate of approval, so Plaintiff could immediately and directly seek the chapter's remedies.

6. COUNT I — DELAWARE AUTOMOBILE WARRANTIES

18. Plaintiff incorporates paragraphs 1 through 17, with unused alternatives deleted.

19. Plaintiff timely reported a covered nonconformity, but Defendant and its agents or authorized dealers did not conform the Automobile to the express warranty after a reasonable number of attempts.

20. Under 6 Del. C. § 5003(a), Defendant must either replace the Automobile with a comparable new automobile acceptable to Plaintiff or repurchase it and refund the full purchase price, including all credits and allowances for any trade-in.

21. Select the requested statutory remedy:

• ☐ Plaintiff declines a replacement and exercises the unqualified right under § 5003(a) to demand repurchase.
• ☐ Plaintiff will accept a comparable new replacement automobile on the terms required by § 5003(a) and (b).

22. If Defendant replaces the Automobile, Defendant must accept its return and reimburse Plaintiff for applicable incidental replacement costs, including dealer-preparation fees, registration-transfer fees, sales taxes, and other charges incurred because of the replacement. If Defendant or its subsidiary or agent financed the Automobile, it may not require replacement refinancing that increases Plaintiff's financial obligations beyond the original agreement. 6 Del. C. § 5003(b).

23. If Defendant repurchases the Automobile, Defendant must accept its return and reimburse Plaintiff for related purchase costs, including sales taxes, registration fees, and dealer-preparation fees, less only:

• A use allowance not exceeding the full purchase price multiplied by the miles driven before Plaintiff first reported the nonconformity, divided by 100,000; and
• A reasonable allowance for damage not attributable to normal wear and tear and not resulting from a nonconformity.

6 Del. C. § 5003(c).

24. Any refund must be paid to Plaintiff and any lienholder as their interests appear. 6 Del. C. § 5003(d).

25. Plaintiff seeks costs and reasonable attorney fees if the Court exercises its discretion to award them under 6 Del. C. § 5005. Plaintiff acknowledges that § 5005 permits an attorney-fee award to Defendant if the Court determines that the action was brought in bad faith or is frivolous.

7. COUNT II — MAGNUSON-MOSS WARRANTY ACT (OPTIONAL)

26. Plaintiff incorporates paragraphs 1 through 17.

27. The Automobile is a consumer product, Plaintiff is a consumer, Defendant is a warrantor, and Exhibit A is a written warranty within 15 U.S.C. § 2301.

28. Defendant failed to comply with its written-warranty obligations by [IDENTIFY THE WARRANTY PROMISE AND FACTUAL BREACH].

29. Plaintiff satisfied any applicable notice and qualifying informal-procedure prerequisite under 15 U.S.C. § 2310(a).

30. Plaintiff seeks damages and other legal or equitable relief under 15 U.S.C. § 2310(d)(1)(A), together with costs and reasonable attorney fees if awarded under § 2310(d)(2).

8. PRAYER FOR RELIEF

Plaintiff requests judgment awarding:

1. The repurchase demanded or replacement accepted under 6 Del. C. § 5003;
2. The purchase-price or replacement-cost components proved under § 5003, less only the authorized allowances;
3. Damages and other relief proved under the written warranty and 15 U.S.C. § 2310, if Count II is retained;
4. Costs and reasonable attorney fees if authorized and awarded under a retained claim;
5. Prejudgment and post-judgment interest where authorized; and
6. Any further relief the Court deems proper.

9. JURY DEMAND

Plaintiff demands a trial by jury on every issue so triable and will comply with every current court-specific jury-demand requirement.

10. SIGNATURE BLOCK

Date: [DATE]

Respectfully submitted,

[ATTORNEY NAME]

Delaware Bar I.D. No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for Plaintiff

11. EXHIBIT CHECKLIST

• ☐ Exhibit A — Manufacturer's express warranty
• ☐ Exhibit B — Purchase or lease documents and original-delivery proof
• ☐ Exhibit C — Complete repair orders and calendar-day calculation
• ☐ Exhibit D — Direct written notice and delivery proof
• ☐ Exhibit E — Certified informal-procedure submission and decision, if applicable
• ☐ Exhibit F — Documents supporting purchase price, trade-in credit, related purchase or replacement costs, lien, mileage, and claimed relief

12. SOURCES AND REFERENCES

• Delaware Code — 6 Del. C. Chapter 50, Automobile Warranties
• Delaware Department of Justice — Delaware Lemon Law
• Delaware DMV — Lemon Law Requirements
• GovInfo — 15 U.S.C. § 2301
• GovInfo — 15 U.S.C. § 2310