Delaware lemon laws are stated in Delaware Code, Title 6, Subtitle II, Chapter 50 (Automobile Warranties). Section 5001 defines nonconformity as a defect that substantially impairs the use, safety and market value of the vehicle. Under Section 5002, period within which the buyer should notify the nonconformity and the manufacturer should repair the vehicle is either within the warranty period or one year of receiving delivery of the motor vehicle, whichever happens earlier.
Under Section 5003, if the manufacturer is not able to repair the motor vehicle, the manufacture will have to replace the vehicle with a new comparable vehicle or repurchase and refund the price of the vehicle. The buyer has the right to choose between replacement and refund. When reimbursing the buyer, the manufacturer should pay the full price including all credits and allowance relating to a vehicle trade.
6 Del. C. § 5002 reads:
Ҥ 5002. Duty to repair nonconforming automobiles
If a new automobile does not conform to the manufacturer’s express warranty, and the consumer reports the nonconformity to the manufacturer or its agent or dealer during the term of the warranty or during the period of 1 year following the date of original delivery of an automobile to the consumer, whichever is earlier, the manufacturer shall make, or arrange with its dealer or agent to make, within a reasonable period of time, all repairs necessary to conform the new automobile to the warranty, notwithstanding that the repairs or corrections are made after the expiration of the term of the warranty or the 1-year period.”
6 Del. C. § 5003 reads:
Ҥ 5003. Remedies upon failure to repair
(a) If the manufacturer, its agent or its authorized dealer does not conform the automobile to any applicable express warranty by repairing or correcting any nonconformity after a reasonable number of attempts, the manufacturer shall either replace the automobile with a comparable new automobile acceptable to the consumer or repurchase the automobile from the consumer and refund to the consumer the full purchase, including all credits and allowances for any trade-in vehicle; provided, however, that the consumer shall have the unqualified right to decline a replacement automobile and to demand instead a repurchase.
