Lemon Laws of Tennessee Information
- Tennessee lemon laws provide strict guidelines to consumers.lemons and lemon tree image by jc from Fotolia.com
Tennessee lemon laws prohibit deceptive practices by ensuring that consumers who purchase qualifying items in the state receive adequate protection. The state's lemon law provisions do not offer protection for the purchase of motor homes that are used as a dwelling place, garden tractors, recreational or off-road vehicles and other vehicles weighing over 10,000 pounds. The Consumer Affairs Division of the Department of Commerce and Insurance provides various forms of assistance to consumers struggling with lemon law issues. - Tennessee law defines what constitutes a "lemon." The law recognizes your vehicle as a "lemon" if it was sold or leased to you after Jan. 1, 1987, it has a nonconformity that significantly impairs the use of the vehicle within the warranty period, or one year after its original delivery date, whichever one comes first. Before the vehicle qualifies as a "lemon," the manufacturer or dealer must have failed to repair the defect after three attempts, or the vehicle must have been out for service for 30 or more cumulative days.
In order for your vehicle to pass the "substantial impairment" test required by the law, you have the burden of proof to show that the vehicle is unsafe for normal day-to-day operation, or its market value is below average for similar vehicle because of the defect. Your record keeping on vehicle performance and repairs is vital to the lemon law process. - Tennessee law defines the specific period within which a consumer may file a lemon law claim with a court of law in the state. Under this provision, if your vehicle is a lemon, you must file a suit against the manufacturer or seller within six months from the expiration date of your expressed warranty, or one year from the original date of delivery of the vehicle.
If you bring an action against a seller or manufacturer outside of this period, you may not be eligible for lemon law protection. - Upon determining that your vehicle is a lemon, the law requires you to notify the manufacturer of the defect in writing via certified mail. This provides the manufacturer with an opportunity to resolve the issue. The manufacturer has 10 days to repair the nonconformity.
If the manufacturer is unable to repair the defect and the manufacturer has an informal dispute resolution process, you may not bring an action against the manufacturer without first exhausting the dispute process.
Nonetheless, if you are not satisfied with the outcome of the dispute resolution process, you have the option to file a suit against the manufacturer or dealer in a court of law. You may petition the court to require the manufacturer or dealer to provide you with a replacement vehicle or a reimbursement of your purchase price less any amount related to the depreciation of the vehicle resulting from your use and court or attorney fees.
Eligibility for Lemon Law Protection
Claims Period for Lemon Cases
Minimum Standard Operating Procedure for Lemon Cases
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