Lemon Law Demand Letter — Delaware

LEMON LAW DEMAND LETTER

Pursuant to 6 Del. C. §§ 5001–5009 — Delaware Automobile Warranty Law

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY — SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

Date: [__/__/____]

To Manufacturer:
[________________________________]
ATTN: Customer Relations / Legal Department
[________________________________]
[________________________________]

To Selling/Servicing Dealer:
[________________________________]
ATTN: General Manager / Service Director
[________________________________]
[________________________________]

Re: DELAWARE LEMON LAW DEMAND — STATUTORY WRITTEN NOTICE
Pursuant to 6 Del. C. § 5004(b)
Consumer: [________________________________]
Vehicle: [____] [________________________________] [________________________________]
VIN: [________________________________]
Purchase/Lease Date: [__/__/____]
Current Odometer: [________________________________]

Dear Sir or Madam:

This firm represents [________________________________] ("Consumer") in connection with the above-referenced motor vehicle, which qualifies as a "lemon" under the Delaware Automobile Lemon Law, 6 Del. C. §§ 5001–5009. The vehicle suffers from one or more nonconformities that substantially impair its use, market value, or safety, and the manufacturer has been afforded a reasonable number of repair attempts without curing the defect(s).

This letter constitutes the written notification to the manufacturer required under 6 Del. C. § 5004(b) before a consumer may seek replacement or refund.

I. DELAWARE LEMON LAW — STATUTORY FRAMEWORK

A. Scope of Coverage — 6 Del. C. § 5001

Delaware's Lemon Law applies to any "automobile" defined as a passenger motor vehicle that is:

• Purchased or leased new in Delaware; OR
• Registered in the State of Delaware.

Covered vehicles include passenger cars, trucks, SUVs, and vans with a gross vehicle weight rating of 10,000 pounds or less. The statute also covers motorcycles.

Excluded vehicles: The living-facility portion of motor homes is excluded. Off-road vehicles not designed for highway use are excluded.

B. Coverage Period — 6 Del. C. § 5002

Delaware's Lemon Law protections apply during the earlier of:

1. The term of the manufacturer's express warranty; or
2. One (1) year following the date of original delivery of the automobile to the consumer.

C. Nonconformity Standard — 6 Del. C. § 5002

A "nonconformity" is a condition or defect that substantially impairs the use, market value, or safety of the automobile and that does not conform to the manufacturer's applicable express warranty. The manufacturer, its agents, or its authorized dealers must be unable to conform the vehicle to warranty after a reasonable number of attempts.

D. Presumption of Reasonable Attempts — 6 Del. C. § 5004

Under § 5004(a), there is a rebuttable presumption that a reasonable number of repair attempts have been undertaken if, within the coverage period:

1. Four (4) or more repair attempts — the substantially same nonconformity has been subject to repair or correction four or more times and the nonconformity continues to exist; OR

2. Thirty (30) or more calendar days out of service — the automobile has been out of service by reason of repair or correction of one or more nonconformities for a cumulative total of more than 30 calendar days since original delivery.

E. Written Notice Requirement — 6 Del. C. § 5004(b)

Before a consumer may seek a replacement or refund, § 5004(b) requires the consumer to provide written notice to the manufacturer of the nonconformity. The manufacturer is then entitled to a final reasonable opportunity to cure the defect.

This letter satisfies the written notice requirement.

F. Informal Dispute Settlement — 6 Del. C. § 5005

If the manufacturer has established an informal dispute settlement procedure that holds a certificate of approval from the Delaware Attorney General's Consumer Protection Unit (CPU), the consumer must first submit the claim to that procedure before filing suit.

Critical: If the manufacturer's program does not hold a current CPU certificate, the consumer may proceed directly to court without arbitration. 6 Del. C. § 5005(b).

The CPU of the Delaware Department of Justice (Wilmington) administers certification of manufacturer arbitration programs. Only programs that comply with 16 C.F.R. Part 703 (FTC Informal Dispute Settlement Procedures) and obtain an annual certificate from CPU qualify.

G. Remedies — 6 Del. C. § 5003

If the manufacturer fails to conform the vehicle to warranty after a reasonable number of attempts, the consumer is entitled to elect either:

Option 1 — Replacement: A comparable new automobile acceptable to the consumer.

Option 2 — Refund: The full purchase price including:
- Base vehicle price and all options/accessories
- All collateral charges (taxes, title, registration, finance charges, transportation)
- All incidental damages (towing, rental vehicles, etc.)
- Less: A reasonable allowance for the consumer's use, calculated by multiplying the purchase price by a fraction having the mileage at time of first repair attempt as the denominator and the mileage at time of return as the numerator.

H. Attorney's Fees — 6 Del. C. § 5007

A prevailing consumer in a lemon law action may recover reasonable attorney's fees and costs. This fee-shifting provision is designed to ensure consumers can retain competent counsel without financial barriers.

II. VEHICLE INFORMATION

III. WARRANTY COVERAGE

All reported defects arose during the applicable warranty coverage period and remain unresolved as of the date of this letter.

IV. DESCRIPTION OF NONCONFORMITY

Primary Defect

Additional Defect(s)

(Attach additional sheets as necessary.)

V. REPAIR HISTORY

Repair Attempt No. 1

Repair Attempt No. 2

Repair Attempt No. 3

Repair Attempt No. 4

(Attach additional sheets for further repair attempts.)

Repair History Summary

VI. LEMON LAW QUALIFICATION

Consumer's vehicle meets the statutory presumption under 6 Del. C. § 5004 because:

☐ Four-Repair Threshold Met: The substantially same nonconformity has been subject to repair [____] times (4 or more required), and the defect continues to exist despite each repair attempt. 6 Del. C. § 5004(a)(1).

☐ Thirty-Day Out-of-Service Threshold Met: The vehicle has been out of service for repair for a cumulative total of [____] calendar days (more than 30 required) since original delivery. 6 Del. C. § 5004(a)(2).

☐ Both Thresholds Met: The vehicle qualifies under both prongs of the statutory presumption.

Federal Magnuson-Moss Warranty Act

In addition to state claims, Consumer asserts claims under the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301 et seq., which provides for damages, attorney's fees, and costs where a warrantor fails to comply with the terms of its written warranty after a reasonable opportunity to cure.

VII. ARBITRATION STATUS

Under 6 Del. C. § 5005:

☐ Manufacturer has a CPU-certified arbitration program. Consumer will submit this dispute to [________________________________]'s informal dispute settlement procedure, as required, but reserves all rights if the arbitration does not produce an acceptable resolution within 40 days.

☐ Manufacturer does NOT have a CPU-certified program. Consumer may proceed directly to court without exhausting any informal dispute settlement procedure. 6 Del. C. § 5005(b).

☐ Consumer has already completed arbitration on [__/__/____] and the result was: ☐ Unsatisfactory ☐ Not accepted by manufacturer. Consumer is now entitled to pursue judicial remedies.

VIII. DEMAND FOR RELIEF

Pursuant to 6 Del. C. § 5003, we demand the following:

Option A — Refund / Repurchase

Option B — Replacement

Provide a comparable new automobile of equal or greater value, acceptable to Consumer, with appropriate adjustments as required under 6 Del. C. § 5003(b).

Additional Relief

• Attorney's fees and costs under 6 Del. C. § 5007
• Loan/lease payoff to lienholder: [________________________________]
• Reimbursement of incidental expenses: rental vehicles, towing, lost wages attributable to repair visits

IX. FINAL REPAIR OPPORTUNITY

This letter provides the written notice required under 6 Del. C. § 5004(b). The manufacturer is entitled to one final reasonable opportunity to cure the nonconformity.

Please contact the undersigned within ten (10) business days to either:

1. Schedule a final repair attempt at a mutually agreeable authorized facility; or
2. Arrange for vehicle repurchase or replacement.

If the nonconformity is not cured during the final repair opportunity, Consumer will proceed with all available legal remedies including arbitration (if required) and/or litigation.

X. DOCUMENT PRESERVATION DEMAND

You are hereby directed to preserve all documents and electronically stored information relating to this vehicle and this claim, including but not limited to:

• All warranty repair orders and service records for this VIN
• Internal technical service bulletins (TSBs) related to the reported defect(s)
• Customer complaints and field reports regarding similar defects in the same model/year
• Communications between the dealer and manufacturer regarding this vehicle
• Engineering analyses, root-cause investigations, and recall data
• The vehicle itself (do not destroy, auction, sell, or materially alter)

Spoliation of evidence may result in adverse inference instructions and sanctions.

XI. RESPONSE DEADLINE

We require your written response within fifteen (15) days of the date of this letter, including:

1. Whether you acknowledge that the vehicle qualifies as a lemon under Delaware law;
2. Your offer for repurchase or replacement;
3. If you contend the vehicle does not qualify, a detailed written explanation with supporting documentation;
4. Scheduling of a final repair opportunity, if desired.

If we do not receive a satisfactory response, Consumer will:

☐ Submit the claim to the manufacturer's CPU-certified arbitration program (if applicable)
☐ File suit in the appropriate Delaware court, including the Superior Court of the State of Delaware
☐ File a complaint with the Delaware Attorney General — Consumer Protection Unit
☐ Pursue claims under the Magnuson-Moss Warranty Act in the U.S. District Court for the District of Delaware

XII. RESERVATION OF RIGHTS

This letter is written without prejudice to any rights and remedies available to Consumer under 6 Del. C. §§ 5001–5009, the Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301 et seq.), the Delaware Consumer Fraud Act (6 Del. C. § 2513), the Uniform Commercial Code (6 Del. C. Article 2), and any other applicable law. All rights are expressly reserved.

Respectfully submitted,

[________________________________]

By: _________________________________
[________________________________], Esquire
Delaware Bar No. [____]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Attorneys for [________________________________]

ENCLOSURES:
☐ Copies of all repair orders (chronological)
☐ Copy of purchase/lease agreement
☐ Copy of manufacturer's warranty booklet
☐ Vehicle registration
☐ Photographs/video documenting defect
☐ Prior correspondence with manufacturer and/or dealer
☐ Rental vehicle receipts and towing invoices
☐ Authorization to represent

cc: Consumer — [________________________________]
Lienholder — [________________________________]
Delaware Attorney General — Consumer Protection Unit, Wilmington, DE

DELAWARE-SPECIFIC NOTES

1. Delaware's Coverage Is Broad — Vehicles Up to 10,000 lbs. Delaware covers passenger motor vehicles with a GVWR of 10,000 pounds or less, which encompasses most pickup trucks, SUVs, and vans — broader than some states that cap coverage at passenger vehicles only.

2. CPU Certification of Manufacturer Arbitration Programs Is Mandatory. Unlike states that accept any manufacturer dispute program, Delaware requires the program to hold an annual certificate of approval from the Consumer Protection Unit of the Attorney General's office. If the program is not certified, the consumer skips arbitration entirely and proceeds directly to court. Always verify certification status with the CPU before assuming arbitration is required.

3. The "Reasonable Use" Offset. Delaware allows the manufacturer to deduct a reasonable allowance for the consumer's use prior to the first repair attempt. The formula under § 5003 is based on the ratio of mileage at the time of the first repair attempt to the total mileage at the time of return. This incentivizes prompt reporting of defects.

4. Attorney's Fee Shifting for Prevailing Consumers. Under 6 Del. C. § 5007, a prevailing consumer recovers reasonable attorney's fees and costs. This provision ensures that lemon law claims are economically viable even when the individual refund amount might not otherwise justify litigation costs.

5. Filing Suit in Delaware Courts. Lemon law claims may be filed in Delaware Superior Court. For claims not exceeding $25,000, the Justice of the Peace Court also has jurisdiction. For federal Magnuson-Moss claims (requiring $50,000+ in controversy or class actions), the U.S. District Court for the District of Delaware in Wilmington is the appropriate venue.

6. Delaware's Consumer Protection Unit (CPU). The CPU, housed within the Delaware Department of Justice in Wilmington, is the primary enforcement and oversight body for lemon law matters. The CPU can be reached at (302) 577-8600. Consumers may also file complaints online through the Attorney General's website.

7. New Vehicles Only. Delaware's lemon law applies exclusively to new motor vehicles. Used vehicle purchasers must rely on UCC implied warranty provisions, the Delaware Consumer Fraud Act, or Magnuson-Moss for relief.

Sources and References

• 6 Del. C. §§ 5001–5009 — Delaware Automobile Lemon Law: https://delcode.delaware.gov/title6/c050/index.html
• Delaware Attorney General — Consumer Protection Unit — Lemon Law: https://attorneygeneral.delaware.gov/fraud/cpu/delaware-lemon-law/
• Delaware Division of Motor Vehicles — Lemon Law Titling: https://dmv.de.gov/VehicleServices/titles/index.shtml?dc=ve_title_lemon
• 15 U.S.C. §§ 2301 et seq. — Magnuson-Moss Warranty Act
• 16 C.F.R. Part 703 — FTC Informal Dispute Settlement Procedures

This template is for informational purposes only and does not constitute legal advice. Lemon law requirements are subject to change. Verify all citations and current requirements with a licensed Delaware attorney before use.