State lemon law · checked October 23, 2026

Delaware lemon law

Verified against the statute / official state publication6 Del. C. §§5001–5007

The short version

Four attempts or more than 30 days out — inside the warranty or the first year, whichever ends first.
Written notice + a cure chance is built into the presumption.
One of only four states where motorcycle coverage is genuinely undecided — we say so on the page.

The presumption — Delaware's numbers

Presumption window	The window is the earlier of the warranty term or 1 year after delivery.
Same defect	4+ repair attempts
Days out of service	30+ calendar days — More than 30 calendar days out of service.

The presumption is the set of numbers that shifts the burden to the manufacturer. A claim can exist outside the presumption — it is a shortcut, not the whole road. Read why.

The buyback — Delaware's formula

Delaware allows a reasonable allowance for use before the first report of the defect, with no published formula. This checker refuses to invent the number.

Notice and procedure

Prior direct written notification to the manufacturer and an opportunity to cure are elements of the Delaware presumption (§5004(b)).

Dispute route: A certified informal dispute settlement program, where the manufacturer has established one, must be used before suit (§5005).

Attorney's fees: Delaware provides attorney's fees to a prevailing consumer.

Your deadline

Delaware's operative clock is the warranty/1-year window; if the manufacturer has established a certified informal dispute program, it must be used first.

Who and what is covered

New vehicles	Covered
Leased vehicles	Covered
Used vehicles	Not covered
Motorcycles	Covered in defined situations — see notes
RV / motor home	Covered — chassis / powertrain only

Motorcycle coverage in Delaware is one of the four undecided cells in the national census — the statute's vehicle definition does not settle it. The checker scores motorcycles with that warning printed.
New vehicles only.

Included in the $39 Lemon Verdict Pack

Your repair-log tracker, the Delaware notice letter, the buyback worksheet on Delaware's formula, and your deadline calendar.

See the Lemon Verdict Pack

Sources

6 Del. C. §5004(b) (presumption + notice element)
6 Del. C. §5005 (dispute program)

Checked October 23, 2026. Laws change; if your claim is close to a line, verify the current statute or ask a lawyer in Delaware. This page is information, not legal advice.