Del. P.J.I. Civ. § 9.25

AUTOMOBILE “LEMON LAW”

[Plaintiff’s name] alleges that [manufacturer’s name], as the manufacturer

of [his/her/its] car, violated the Automobile Warranties Act, popularly known as the

“Lemon Law.”

This law provides:

If a new automobile does not conform to the manufacturer’s

express warranty, and the consumer reports the nonconformity to

the manufacturer or its. . . dealer during. . . the period of 1 year

following the date of original delivery of an automobile to the

consumer, . . . the manufacturer shall make, or arrange with its

dealer. . . 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

. . . 1-year period.

A “nonconformity” is a defect or condition that substantially impairs the use,

value, or safety of an automobile. The plaintiff may establish a nonconformity by

showing within the first year after the date of original delivery that:

(1) substantially the same defect or condition has been subject to repair four

or more times; or

(2) the automobile was out of service by reason of any repair for a total of

more than 30 calendar days.

In this regard, if the consumer presents the car to the dealer, it is “subject to

repair” even if the dealer cannot verify that anything is wrong and thus does not

attempt to make repairs. If the nonconformity or defect does not substantially impair

the use, value, or safety of the vehicle, the buyer cannot recover. On this last point,

[manufacturer’s name] has the burden of proof.

If you find there has been a violation of the Lemon Law, you should return a

verdict in favor of [plaintiff’s name] and against [manufacturer’s name].