IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

[Civil Division]
[County]

[PLAINTIFF NAME],
  Plaintiff,

v.

[DEFENDANT MANUFACTURER ENTITY NAME], a [STATE OF INCORP.] corporation;
[DEFENDANT DEALER ENTITY NAME], a [STATE OF INCORP.] corporation;
[ADD’L DEFENDANTS IF ANY],
  Defendants.

C.A. No. __________

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COMPLAINT FOR:
1. VIOLATION OF THE DELAWARE AUTOMOBILE WARRANTY ENFORCEMENT ACT
2. BREACH OF EXPRESS WARRANTY
3. BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY
4. VIOLATION OF THE MAGNUSON–MOSS WARRANTY ACT
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TABLE OF CONTENTS
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I. Preliminary Statement ..................................... ¶ 1
II. Parties .................................................. ¶ 2
III. Jurisdiction & Venue .................................... ¶ 8
IV. Statutory Framework & Defined Terms ...................... ¶ 11
V. Factual Allegations ....................................... ¶ 17
A. The Vehicle .......................................... ¶ 18
B. Applicable Warranties ................................ ¶ 22
C. Non-Conformities & Repair History .................... ¶ 26
D. Notice & Reasonable Opportunity to Cure .............. ¶ 34
E. Arbitration/Informal Dispute Resolution .............. ¶ 38
VI. Causes of Action ......................................... ¶ 42
Count I – Delaware Lemon Law ............................ ¶ 43
Count II – Breach of Express Warranty ................... ¶ 49
Count III – Breach of Implied Warranty .................. ¶ 55
Count IV – Magnuson–Moss ................................ ¶ 60
VII. Prayer for Relief ....................................... ¶ 65
VIII. Demand for Jury Trial .................................. ¶ 73
IX. Reservation of Rights .................................... ¶ 75
X. Verification .............................................. (see end)

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I. PRELIMINARY STATEMENT
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1.  Plaintiff brings this civil action to obtain all relief available under the Delaware Automobile Warranty Enforcement Act (the “Act”), federal and state warranty law, and other applicable authority, including but not limited to: (a) replacement of or refund for a non-conforming vehicle, (b) incidental and consequential damages up to the value of the vehicle, (c) reasonable attorneys’ fees, litigation costs, and prejudgment interest, and (d) such further equitable or injunctive relief as justice requires.

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II. PARTIES
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2.  Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is an individual and resident of [COUNTY, STATE].
3.  Defendant [DEFENDANT MANUFACTURER] (“Manufacturer”) is a corporation organized under the laws of [STATE] with its principal place of business in [STATE] and is authorized to do business in Delaware.
4.  Defendant [DEFENDANT DEALER] (“Dealer”) is a corporation organized under the laws of [STATE] with its principal place of business in [STATE] and operates a franchised dealership located at [ADDRESS] in Delaware.
5.  [Add additional party allegations as needed.]

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III. JURISDICTION & VENUE
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6.  This Court has subject-matter jurisdiction pursuant to Del. Const. art. IV, § 7 and 10 Del. C. § 541 because the amount in controversy exceeds the jurisdictional minimum and involves claims arising under Delaware law.
7.  Venue is proper in this County under 10 Del. C. § § 5101 et seq. because a substantial part of the events giving rise to Plaintiff’s claims occurred here and Defendants conduct business here.
8.  All conditions precedent to bringing this action—including the statutory “reasonable opportunity to repair” and pre-suit notice—have been satisfied, have occurred, or have been waived.

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IV. STATUTORY FRAMEWORK & DEFINED TERMS
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9.  “Act” refers to the Delaware Automobile Warranty Enforcement Act, 6 Del. C. ch. [50A] (the “Lemon Law”).
10. Capitalized terms set forth below have the meanings indicated when used throughout this Complaint:

A. “Vehicle” – the [YEAR, MAKE, MODEL, VIN] purchased by Plaintiff on [DATE].
 B. “Defect” – any non-conformity or condition that substantially impairs the use, value, or safety of the Vehicle.
 C. “Repair Attempts” – each instance where Defendants or their authorized agents attempted to correct the Defect.
 D. “Reasonable Opportunity to Repair” – the statutory threshold of either (i) four unsuccessful Repair Attempts or (ii) a cumulative total of thirty (30) days the Vehicle was out of service during the first year/twelve-month period following delivery.
 E. “Refund” – repurchase of the Vehicle and reimbursement of incidental charges in accordance with the Act.
 F. “Replacement” – provision of a comparable new motor vehicle as set forth in the Act.

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V. FACTUAL ALLEGATIONS
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A. The Vehicle
18. On or about [DATE], Plaintiff purchased the Vehicle from Dealer for a total purchase price of $[___] (the “Transaction”).
19. The Vehicle is a “new motor vehicle” within the meaning of the Act.
20. Plaintiff took possession of the Vehicle in Delaware and has remained its owner at all times relevant to this action.

B. Applicable Warranties
22. Manufacturer issued a comprehensive written new-vehicle warranty of [TERM / MILEAGE] covering the Vehicle (the “Express Warranty”).
23. Implied warranties of merchantability and fitness for a particular purpose arose by operation of law.
24. Dealer and Manufacturer are “warrantors” under both state and federal warranty statutes.

C. Non-Conformities & Repair History
26. Within [DAYS] of delivery, Plaintiff experienced substantial Defects including but not limited to:
  a. [Describe Defect 1];
  b. [Describe Defect 2];
  c. [Add additional Defects].
27. Plaintiff promptly presented the Vehicle for repair on at least four (4) separate occasions:
  i. [DATE] – mileage ☐ – [Service Order #]
  ii. [DATE] – mileage ☐ – [Service Order #]
  iii. [DATE] – mileage ☐ – [Service Order #]
  iv. [DATE] – mileage ☐ – [Service Order #]
28. Despite these Repair Attempts, the Defects persist and substantially impair the Vehicle’s use, value, and safety.
29. Cumulatively, the Vehicle was out of service for repair for at least thirty (30) days within the first twelve (12) months following delivery.

D. Notice & Reasonable Opportunity to Cure
34. On [DATE], Plaintiff provided written notice to Manufacturer and Dealer, thereby affording them a final opportunity to cure as required by the Act.
35. Defendants failed or refused to cure the Defects within the statutory period.

E. Arbitration / Informal Dispute Resolution
38. [SELECT ONE AND DELETE THE OTHER BRACKETED OPTION]
 [OPTION 1 – NO ARBITRATION PROGRAM] No manufacturer-sponsored, state-certified informal dispute-settlement procedure that complies with the Act was available to Plaintiff prior to filing suit.
 [OPTION 2 – ARBITRATION OCCURRED] Plaintiff submitted the dispute to Manufacturer’s informal dispute-settlement procedure on [DATE]; an unfavorable decision was rendered on [DATE], and more than thirty (30) days have elapsed without the Defects being remedied.

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VI. CAUSES OF ACTION
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COUNT I – Violation of the Delaware Automobile Warranty Enforcement Act
43. Plaintiff realleges ¶¶ 1–42 as though fully set forth herein.
44. The Vehicle contains Defects covered by the Act that Defendants failed to repair after being afforded a reasonable opportunity.
45. Under the Act, Plaintiff is entitled to a Refund or Replacement at Plaintiff’s election, plus incidental and consequential damages, attorneys’ fees, costs, and prejudgment interest.

COUNT II – Breach of Express Warranty
49. Defendants expressly warranted the Vehicle would be free from Defects during the warranty term and that any Defects would be repaired.
50. Defendants breached that warranty by failing to repair or replace the Vehicle after repeated Repair Attempts.
51. Plaintiff has suffered damages equal to, at minimum, the purchase price of the Vehicle and related expenses.

COUNT III – Breach of Implied Warranty of Merchantability
55. The Vehicle was not fit for ordinary use at the time of sale and delivery.
56. The breach proximately caused Plaintiff to incur damages as set forth herein.

COUNT IV – Violation of the Magnuson–Moss Warranty Act
60. Defendants’ breaches of express and implied warranties constitute violations of 15 U.S.C. §§ 2301–2310, entitling Plaintiff to damages, costs, and attorneys’ fees.

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VII. PRAYER FOR RELIEF
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WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendants, jointly and severally, awarding:
a. A mandatory injunction requiring Defendants to provide, at Plaintiff’s election, either a Replacement vehicle of comparable value and quality or a full Refund of the purchase price, including taxes, fees, finance charges, and incidental expenses;
b. Damages not to exceed the fair market value of the Vehicle, together with incidental and consequential damages permitted by law;
c. Reasonable attorneys’ fees and litigation costs as provided under the Act and 15 U.S.C. § 2310(d);
d. Pre- and post-judgment interest at the maximum legal rate; and
e. Such further relief—legal or equitable—as the Court deems just and proper.

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VIII. DEMAND FOR JURY TRIAL
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73. Plaintiff hereby demands a trial by jury on all issues so triable.

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IX. RESERVATION OF RIGHTS
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75. Plaintiff reserves the right to amend this Complaint to add additional claims, parties, or prayers for relief as discovery may reveal and as justice may require.

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X. VERIFICATION
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I, [PLAINTIFF NAME], verify under penalty of perjury under the laws of the State of Delaware that the factual statements in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief.

Date: _______________________     ______________________________
               [PLAINTIFF NAME]

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Respectfully submitted,

[LAW FIRM NAME]
[Address]
[Phone]
[Email]

By: _________________________________
  [ATTORNEY NAME] (Bar I.D. #______)
  Attorney for Plaintiff