Delaware Lemon Law Buyback Calculator

In Delaware, a lemon law buyback (repurchase) refunds what you paid for the vehicle minus an allowance for the use you got from it. Delaware Code title 6, section 5003(c) caps that allowance at the full purchase price multiplied by the miles driven before you first reported the nonconformity to the manufacturer, its agent or dealer, divided by 100,000. Illustration only: 6,000 counted miles on a $35,000 price is an allowance of $2,100. Our calculator applies the 100,000-mile divisor to the mileage you enter for when the defect first appeared, so treat its figure as an estimate: the statute's own count of miles controls, and a licensed attorney can confirm how it applies to your purchase or lease.

Delaware recognizes a "lemon presumption" that shifts the burden to the manufacturer once your repair history crosses set thresholds. If the dealer cannot fix the same substantial, warranty-covered defect after 4 repair attempts, or if the vehicle is out of service for a cumulative 30 days, the vehicle is presumed to be a lemon. This presumption generally applies within the first 12 months of ownership.

Delaware's state lemon law generally covers new vehicles purchased with a manufacturer's warranty. If your vehicle is used or falls outside the state statute, you may still have a claim under the federal Magnuson-Moss Warranty Act, which applies to written warranties nationwide.

Delaware's lemon law (Delaware Code title 6, chapter 50) states no deadline of its own for filing a lawsuit, so this page gives no single number. Delaware's Uniform Commercial Code requires an action for breach of any contract for sale to be commenced within 4 years after the cause of action accrues (Delaware Code title 6, section 2-725). A breach of warranty occurs when tender of delivery is made, unless the warranty explicitly extends to future performance and discovery of the breach must wait for that performance, in which case the claim accrues when the breach is or should have been discovered; the parties' original agreement may shorten the period to no less than 1 year. Delaware's general limitations law also sets 3 years for an action based on a statute (Delaware Code title 10, section 8106). Which deadline applies to a claim under the lemon law itself is not settled by these statutes. Act promptly and while repair records are fresh, well within 3 years of the vehicle's delivery (sooner if the purchase agreement shortened the period); a licensed attorney can confirm which deadline applies to your vehicle. When a vehicle qualifies, Delaware requires the manufacturer to repurchase or replace it rather than keep attempting repairs. Delaware's lemon law lets the court award attorney fees to a consumer who wins (Delaware Code title 6, section 5005); whether to award them is up to the court.