Tennessee Lemon Law
Tennessee Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to Tennessee consumers of defective
automobiles and trucks and other vehicles and products including motorcycles, RV's, boats, computers and other consumer appliances and
products. To qualify under the Tennessee Lemon Law or the federal Lemon Law, you must generally have a product that suffered multiple repair
attempts under the manufacturer's factory warranty. Lemon Law compensation can include a refund, replacement or cash compensation. The
following comments
briefly explain the Tennessee Lemon Law and how it applies to you.
This message is not a substitute for contacting a lawyer who can best advise you of your rights. If you think you qualify for a Lemon Law,
click here for a free Tennessee Lemon Law case review or for an immediate
evaluation, simply fax your repair records to 866-773-6152. An experienced Lemon Law attorney will personally review your inquiry and records and quickly contact you for a free consultation.
Tennessee Lemon Law Facts
The Tennessee Division of Consumer Affairs receives hundreds of complaints each year about
defects in new cars that the dealers cannot seem to repair. In 1986, the Legislature passed a Lemon
Law that is stronger and more comprehensive than the original Lemon Law passed in 1984. This Law can
be found in the Tennessee Code Annotated 55-24-101.
What Is A Lemon?
A Lemon is a motor vehicle sold or leased after January 1, 1987, that has a defect or
condition that substantially impairs the motor vehicle; and the manufacturer, its agent, or
authorized dealer cannot repair the vehicle after four attempts or the vehicle is out of service for
repairs for a cumulative total of 30 or more days during the term of protection. This Law is only
applicable if the vehicle was bought new. Under the statute, the manufacturer must replace the motor
vehicle or refund the purchase price (less a reasonable allowance for use).
Substantially impair means to render a motor vehicle unreliable or unsafe for normal
operation, or to reduce its resale market value below the average resale value for comparable motor
vehicles.
The term of protection is defined as one year from the date of original delivery or the
term of the warranty, whichever comes first.
The Law is unclear about whether you have to have reported your problem during the term of
protection in order to have a claim under the Lemon Law. The Division has adopted what we
view as the more defensive position - the problem essentially has to be reported within the first
year or within the term of the warranty, whichever comes first.
What Should I Do If I Have A Lemon?
If you have a lemon, you must notify the manufacturer of the problem in writing by certified
mail. The manufacturer has an additional opportunity to repair your car within 10 days. If the
manufacturer cannot repair your car and the manufacturer has an informal dispute settlement
procedure that complies with Federal Trade Commission regulations, the refund and replacement
provisions of the Lemon Law won't apply until you submit to the procedure. You are not bound by the
decision and can still seek available legal remedies, including asking a court to award a
replacement vehicle or reimbursement of the purchase price (less a reasonable allowance for use),
plus attorney fees and court costs.
When Can I Take Action?
You can file a law suit at anytime within one year from the date of original delivery of your car
or within six months from the expiration of your expressed warranty, whichever is later. Extended
warranties are not considered. You should consult an attorney well before the expiration of your
time limit to be sure of preserving your legal rights.
For complete advice concerning your legal rights, click here to consult a Tennessee Lemon Law attorney.
Most of the information on this page is provided by the state of Tennessee, which this website is not affiliated with.
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