Tennessee Lemon Law Overview

The Tennessee Lemon Law is a state consumer protection law that provides a legal remedy for purchasers of new vehicles who are sold defective cars, trucks, vans, motorcycles, scooters, or all-terrain vehicles. The primary purpose of the Tennessee Lemon Law is to protect consumers from being stuck with defective vehicles that cannot be repaired after a reasonable number of attempts. It helps individuals who have purchased a lemon by providing a remedy to either get the vehicle repaired at no cost or obtain a refund or replacement vehicle.
Under the Tennessee Lemon Law, covered vehicles include cars, trucks, vans, motorcycles, scooters, all-terrain vehicles, and motor homes. Vehicle purchases qualify for lemon law protection when the following conditions initially exist: (1) the vehicle comes with a warranty; (2) the defect affects the vehicle’s operation, safety, or value; and (3) it cannot be repaired within a legal timeframe . In addition, the consumer must have given the dealer or manufacturer a chance to fix the defective vehicle within a reasonable number of attempts and it must have failed to do so.
The Tennessee Lemon Law works through a three-step process. Step one consists of the consumer giving a manufacturer a chance to repair the vehicle within a reasonable number of attempts. If the manufacturer is ultimately unable to achieve a permanent fix, the consumer should obtain a "final determination" from the Division of Consumer Affairs within the Attorney General’s Office. Step two and step three involve either going to the division with the invoice or complaint number, along with the final determination, or filing a lawsuit within six months of the final determination.

How to Qualify for a Lemon Law Claim in Tennessee

To qualify for a lemon law claim in Tennessee, several criteria must be met regarding the vehicle and its defects. These criteria are time-sensitive and specific to the type of defect in the vehicle, as well as the number of failed repair attempts.
To qualify for a lemon law claim in Tennessee, a vehicle must demonstrate one of the following defects:

  • The vehicle’s engine, brakes, or transmission does not function properly.
  • There is a problem with the vehicle’s body, frame, or recording device that severely limits the use, market value, or safety of the vehicle.
  • There is a defect with a major component that substantially impairs the use, market value, or safety of the vehicle.

For a lemon law vehicle, a manufacturer must be given a reasonable number of attempts to properly repair a defect. This is typically defined as one of two scenarios:

– If the defect is likely to cause death or serious bodily injury, there are two attempts at repair. If the defect remains unresolved following these two attempts, it may be argued that the vehicle qualifies for lemon law protection.
– If the defect is non-life-threatening, there are four attempts at repair. If the defect remains unrepaired after these four attempts, the vehicle may qualify for lemon law protection.

Additional conditions must be present after these repair attempts in order for the vehicle to qualify for lemon law protections in Tennessee:

  • ) The vehicle remains under warranty, or is less than 12,000 miles
  • ) The new vehicle condition persists, despite multiple repair attempts
  • ) The defect substantially impairs the use, value, or safety of the vehicle
  • ) Tennessee’s reported authorized dealer received the defective vehicle

Tennessee lemon law protections do not apply in certain circumstances. If the vehicle was destroyed in an accident, a fire, or any other incident prior to securing a replacement vehicle or getting the refund, the vehicle does not qualify. In addition, Tennessee consumer protection laws include a "used car exemption," meaning lemon law protections do not apply to used vehicles.

Documentation and Information to Gather

When pursuing a lemon law claim in Tennessee, it is critical to gather the appropriate documentation to support your case. This documentation serves as evidence of your vehicle’s defects, the number of times you have attempted to seek repairs, and any communications between you, the manufacturer, and the dealer. Proper documentation will help build a strong case to maximize your compensation under state lemon laws.
The necessary documentation for a lemon law claim in Tennessee includes repair records, purchase documents, and any communications with the manufacturer or dealer. First, you should have records of the repair attempts. These can include invoices, receipts, and work orders from the dealerships where you had the vehicle repaired. The key element is that they should specify the nature of the defect being reported on the work order, how many times you returned the vehicle for this same issue, and an assessment from the dealership on whether this may be a warranty issue, or what you received from the dealership when you left the vehicle after repair. The repair records will show the manufacturer and dealer that you did everything they asked you to do in seeking a remedy for the defective vehicle, and may even bring your claim to a successful close.
Second, you will need proof of the vehicle’s original purchase. This can include the sales receipt, title, and bill of sale. It is also important to have any paperwork regarding your vehicle financing. This information will prove your ownership and status as the original purchaser of the vehicle.
Finally, keep a record of all communications with the dealer and the manufacturer. This includes letters, phone calls, and emails. Be sure to ask for the names of those that you talk to, or at least write down the names in case you need to provide them at a later date. All of these documents will be extremely helpful in proving your lemon law case.

Bringing a Lemon Law Claim

Once you have determined that your vehicle qualifies for the lemon law program, the next step is to initiate a lemon law claim with the Tennessee Department of Commerce and Insurance. There are several procedural requirements that must be met in order to bring a lemon law claim against the manufacturer. First of all, you must file your lemon law claim within the 12-month window that begins either on the day you purchased or leased the vehicle or on the day the manufacturer’s warranty expires. If you miss the application filing deadline, you may forego your chances of having a state-certified mediator assist you. A properly filed claim, however, does toll the time for filing a lawsuit. In other words, since you already have a claim on file, you may take your time to determine whether you should accept the manufacturer’s offer or file a complaint with the circuit court.
You also need to make sure that you submit your claim to the correct address. The Tennessee Department of Commerce and Insurance has an entire section of its Lemon Law website devoted to assisting you by providing claim forms, which can be completed online and printed out. It also lists all of the required documentation that must be submitted with your application, such as a copy of the vehicle’s odometer reading, purchase/lease agreement, maintenance records, documents evidencing the manufacturer’s and/or seller’s failure to repair your vehicle, and more.
It is extremely important that you complete all the forms accurately and truthfully, as any false or misleading information may provide the manufacturer with the defense it needs to dispute your claim. Also, keep in mind that you must file the claim form within the one-year time frame, as indicated above, and the completed form must be received by the Tennessee Department of Commerce and Insurance within ten (10) business days.

Hiring an Attorney

Working with an attorney can help you understand your rights, navigate the process, and start to file a claim. An attorney may help strengthen your case. Also, filing a lemon law claim on your own can be difficult. You do not need to (but you may) hire an attorney.
When to Hire an Attorney
It may be better to go through the claims process with an attorney. This is particularly true if:
— Your case is complicated or highly technical.
— You are unsure whether you have a lemon law claim.
— You have a claim but do not have the confidence to handle it on your own.
— You need general legal advice.
— You think that the auto manufacturer or dealer will dispute your lemon law case.
Benefits of Hiring an Attorney
An experienced lemon law attorney can offer valuable advice on how to file a claim and negotiate a favorable settlement. Your attorney can help you stay organized. He or she can help you avoid common pitfalls. And he or she may even be able to file a claim on your behalf.
A lemon law attorney may also help you gather evidence. For example , an attorney can interpret the technical details in an owner’s manual or an auto invoice, then find another lemon law case with similar problems. With this information, you may be able to build a more convincing case.
Some lemon law attorneys even offer free consultations. If you know that you have a lemon law case but you aren’t sure what to do, meet with an attorney to discuss your options. If you’re feeling overwhelmed, you can’t go wrong by reaching out to knowledgeable lemon law attorneys in your area.
The bottom line: lemon law claims can be legally complex. While you don’t have to hire an attorney, a lemon law lawyer may be able to help you file a claim or negotiate a favorable settlement.

Outcomes of a Lemon Law Claim

After filing a lemon law claim with the manufacturer, there are several potential outcomes that could bring resolution to your issue. The car manufacturer may decide to leave you in your vehicle. In other words, agreeing to perform one or more repairs under their statutory warranty coverage. If the manufacturer does not resolve your case by doing the repairs, you are entitled to recover a replacement vehicle of the same make and model or equivalent value. A very important thing to remember is that the consumer gets to choose what will resolve their lemon law claim. You should take into consideration what will best serve all of your needs when deciding upon the best outcome for your particular case, because once you make up your mind, the manufacturer has to do exactly what you ask no less, no more. For example, the manufacturer has to pay off any outstanding loan to a financial institution if there is an outstanding loan on your vehicle.

Tips for Bringing a Successful Lemon Law Claim

Seeking a successful lemon law claim is not just about knowing the law; it also requires attention to detail and effective advocacy of your rights as a consumer. Here are some tips that can help you along the way:
Keep Comprehensive Records: Your lemon law claim depends on the proof that your vehicle qualifies as a lemon. This includes keeping a detailed history of every time you’ve had to take your car into the shop for repairs. Be sure to document dates, times, repair costs, the nature of the problems, what parts were replaced, and what corrections were made in the course of each repair attempt. All repair invoices and work orders should be kept in a single, safe place for easy access.
Communicate Clearly and Professionally: Communicating with your car dealer, manufacturer, or their representatives can be a challenge. If you think something seems amiss, don’t be afraid to ask a lot of questions and get clarification of what is said to you. Conversely, don’t be surprised if you find that you receive almost no input from the manufacturer about your lemon law claim. Don’t interpret their silence as an indication of inaction. While they may not be providing you with clear and direct feedback during your case , you still need to make your expectations apparent and be thorough about what information you’re seeking from them.
Act Quickly: The time limits for bringing lemon law claims are often fairly strict. A car may need to be into the shop for a set number of business days (often 30) over a set period of time (often 12 months) to qualify for lemon law protection. If you even remotely think that your vehicle may qualify as a lemon, have the car checked by a trusted and experienced mechanic and don’t delay in having it repaired. Also, maintain open lines of communication with your car dealer and make sure to keep them informed of any unusual or troubling issues that arise.
Trust in the Process: The lemon law process exists to protect consumers, but it can also be confusing and stressful. Rely on a respected lemon law attorney to help you navigate through the complicated maze of requirements and procedures. A lemon law attorney can streamline the process and shave weeks or months off of an otherwise long battle.