When a new car doesn’t conform to the manufacturer’s express warranty, and the consumer reports the issue to the manufacturer (or its agent or dealer) during the term of the warranty, the manufacturer (or its dealer or agent) should make necessary repairs to conform to the new auto warranty within a reasonable time.
If the vehicle can’t be repaired after four or more attempts, the manufacturer is required to either replace the vehicle or repurchase the vehicle from the consumer and refund the full purchase price.
The Delaware Lemon Law only applies to new vehicles.
Manufacturers who have an informal settlement procedure are required to register with CPU to obtain an annual certificate. In the event that a manufacturer’s informal dispute settlement procedure does not have a certificate of approval from CPU, a consumer may immediately and directly seek the remedies in Chapter 50 of Title 6.
Manufacturers who have an established informal settlement procedure are required to file a copy of each decision of the informal dispute settlement procedure within 30 days after the decision is rendered.
Consumers are encouraged to file a complaint with CPU at any point. Informal settlement procedures do not bar consumers from reaching out to our office about manufacturer conduct.
Registered Manufacturers:
American Honda Motor Company
Consumer Tips
Recently, AG Jennings and CPU warned the public about fraud in buying cars online.
“As the pandemic, hopefully, continues to wane, demand for cars is skyrocketing. This high demand for vehicles has created an opportunity for scammers to exploit Delaware consumers looking to purchase a car,” said Attorney General Jennings. “Consumers should exercise caution when purchasing a car online, particularly when they lack the ability or opportunity to inspect that car before the purchase. If you’ve been defrauded, resources are available to help. Call our consumer protection hotline at (800) 220-5424.”
DOJ’s Consumer Protection Unit is aware of several issues surrounding online car buying of which consumers should be aware. One of the most egregious concerns is phantom companies that never deliver the car the consumer thought they purchased. This happens when a consumer locates someone online purporting to be a dealership selling a vehicle. After never receiving the car, consumers learn that the dealer they had been communicating with does not actually exist.
Another concern is online sellers who lie about the quality of their cars. Here, a consumer does receive the car they purchased online, but it is in considerably worse condition than advertised. Without the benefit of an in-person inspection, consumers are left to rely on pictures and other disclosures that may be false.
Other related issues include:
Online car sellers not being licensed in Delaware to sell vehicles in the state, as required by our law.
Delaware consumers not receiving the title to a purchased vehicle in a timely manner, forcing consumers to repeatedly seek temporary tag authorizations. While the issuance of a single temporary tag can, and often times does, occur as part of the normal purchase process, the issuance of multiple temporary tags by the seller while the title paperwork is “processed” can be cause for concern. The issuance of multiple temporary tags can be a sign that the seller did not have physical possession of the title at the time of sale, a practice that is illegal under Delaware law.
Protect Yourself:
Exercise caution when purchasing a car online, particularly where you cannot physically inspect the car or where the pictures advertising the car show limited portions of the vehicle.
If you are unable to physically inspect the car, demand the opportunity to arrange for a mechanic local to the seller to inspect the vehicle and produce a report on any issues identified. If arranging an inspection by a local mechanic is impossible, demand to receive pictures of the vehicle that show as many of the car’s components as possible, such as the undercarriage, the engine, the engine well, the exhaust system, all doors, all exterior panels, and all windows.
Confirm that the dealer is licensed with the Delaware Division of Motor Vehicles by searching the DMV’s online database of licensed dealers: https://www.dmv.de.gov/dealerships/index.shtml.
Look up reviews on the dealer through websites such as the Better Business Bureau: https://www.bbb.org/local-bbb/bbb-serving-delaware.
Confirm that any dealer you are purchasing from has physical possession of the title to the vehicle they are selling, as required by Delaware law, and to ensure there are no delays in obtaining the title following your purchase.
Ideally, ask to see the titles so that you can confirm the VIN on the title matches the vehicle you are purchasing. Also, inspect the blocks located on the front of the title for designations like “flood,” “salvage,” “rebuilt,” “reconstructed,” or “restored salvage” or letters or numbers representing those designations, as some other states use. These designations are designed to inform consumers that the vehicle has at some point suffered severe, perhaps irreparable, damage.
If you have purchased a car from a phantom seller or that has severe, undisclosed issues please contact the Fraud and Consumer Protection Division online at https://attorneygeneral.delaware.gov/fraud/cmu/complaint/ or call (800) 220-5424. If you have identified an unlicensed dealer of vehicles operating in Delaware or have experienced a delay in receiving the title to your vehicle, complaints can be filed with the Compliance and Investigations Unit at any of DMV’s 4 locations throughout the state.
