Lemon Law Tn (Tennessee)


Lemon Law Tn - The (Tn)Tennessee lemon law statute is below. Statutes similar to the Tennessee automobile lemon law square measure written for lawyers by lawyers, that the legal ease might get to you. If it does, strive the Tennessee lawyer General’s Tennessee Lemon Law Rights client guide. Or take the simple means and connect with a free Tennessee lemon law lawyer right here and obtain damages for your lemon below the Tennessee lemon law on new cars (or the Magnuson-Moss warrantee Act, federal lemon law). Simply put, no matter your Tennessee automotive lemon law desires square measure, CarLemon.com has you and also the whole lemon law method covered!

Lemon Law Tn Rights
Motor Vehicle Warranties, Title 55, Chapter 24
Tennessee Lemon Law 55-24-201. Definitions.
As used in this part, unless the context otherwise requires:
(1) “Consumer” means the purchaser (other than for purposes of resale) or the lessee of a motor vehicle, any person to whom such motor vehicle is transferred during the duration of an express warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty. “Consumer” does not include any governmental entity or any business or commercial entity which registers three (3) or more vehicles;
(2) “Lessee” means any consumer who leases a motor vehicle pursuant to a written lease agreement by which a manufacturer’s warranty was issued as a condition of sale or which provides that the lessee is responsible for repairs to such motor vehicle;
(3) “Motor vehicle” suggests that a motor vehicle as outlined in 55-1-103, that is oversubscribed and subject to the registration and certificate of title provisions in chapters 1-6 of this title within the state of Tennessee, and classified as a category C vehicle in line with 55-4-111. For the needs of this half, “motor vehicle” doesn't embody motorized bicycles as outlined in 55-8-101, motor homes as outlined in 55-1-104, lawnmowers or garden tractors, recreational vehicles or cross-country vehicles and vehicles over 10 thousand (10,000) pounds gross vehicle weight;
(4) “Substantially impair” suggests that to render a car unreliable or unsafe for traditional operation or to cut back its selling worth|market price|value} below the typical selling value for comparable motor vehicles; and
(5) “Term of protection” suggests that the term of applicable specific warranties or the amount of 1 (1) year following the date of original delivery of the car to a client, whichever comes first; or, within the case of a replacement vehicle provided by a manufacturer to a client underneath this half, one (1) year from the date of delivery to the buyer of the replacement vehicle.

Tennessee Lemon Law 55-24-202. unorthodox vehicles.
Reports – Repairs.
If a replacement car doesn't conform to any or all applicable express warranties and therefore the consumer reports the nonconformity, defect or condition to the manufacturer, its agent or its authorized dealer during the term of protection, the manufacturer, its agent or its authorized dealer shall correct the nonconformity, defect or condition at no charge to the consumer, notwithstanding the fact that such repairs are made after the expiration of such term. Any corrections or attempted corrections undertaken by an authorized dealer under the provisions of this section shall be treated as warranty work and billed by the dealer to the manufacturer in the same manner as other work under warranty is billed.

Lemon Law Tn 55-24-203. Replacement or repair of vehicles.
Refunds – Refinancing agreements – Defenses.
(a) The manufacturer must replace the motor vehicle with a comparable motor vehicle or accept return of the vehicle from the consumer and refund to the consumer the full purchase price if:
(1) The nonconformity, defect or condition substantially impairs the motor vehicle; and
(2) The manufacturer, its agent or authorized dealer is unable to conform the motor vehicle to any applicable express warranty after a reasonable number of attempts.
(b) For functions of this section:
(1) “Collateral charges” means manufacturer-installed or agent-installed items or service charges, credit life and disability insurance charges, sales taxes, title charges, license fees, registration fees, any similar governmental charges and other reasonable expenses incurred for the purchase of the motor vehicle;
(2) “Comparable motor vehicle” means a new motor vehicle of comparable worth to the same make and model with all options and accessories, with appropriate adjustments being allowed for any model year differences;
(3) “Full purchase price” means the actual cost paid by the consumer, including all collateral charges, less a reasonable allowance for use; and
(4)
(A) “Reasonable allowance for use” means that amount directly attributable to use by a consumer prior to such consumer’s first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair, plus a reasonable amount for any damage not attributable to normal wear.
(B) A reasonable allowance for use shall not exceed one half (1/2) of the amount allowed per mile by the internal revenue service, as provided by regulation, revenue procedure or revenue ruling promulgated pursuant to 162 of the Internal Revenue Code, for use of a personal vehicle for business purposes, plus an amount to account for any loss to the fair market value of the vehicle resulting from damage beyond normal wear and tear, unless the damage resulted from nonconformity to an express warranty.
(c) Refunds shall be made to the consumer, and lien holder, if any, as their interests appear. The provisions of this section shall not affect the interests of a lien holder; unless the lien holder consents to the replacement of the lien with a corresponding lien on the vehicle accepted by the consumer in exchange for the vehicle having a nonconformity, the lien holder shall be paid in full the amount due on the lien, including interest and other charges, before an exchange of automobiles or a refund to the consumer is made.
(d) In instances where a vehicle which was financed by the manufacturer or its subsidiary or agent is replaced under the provisions of this section, the manufacturer, subsidiary or agent shall not require the consumer to enter into any refinancing agreement which would create any financial obligations upon such consumer beyond those imposed by the original financing agreement.
(e) It shall be an affirmative defense to any claim under this part:
(1) That an alleged nonconformity does not substantially impair a motor vehicle; or
(2) That a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by a consumer.

Tennessee Lemon Law 55-24-204. hired vehicles – Refunds.
(a) within the case of a hired vehicle, refunds are going to be created to the proprietor and renter as follows: The renter can receive the renter price and therefore the proprietor can receive the lease value less the combination deposit and rental payments antecedently paid to the proprietor for the hired vehicle.
(b) For purposes of this section:
(1) “Lease price” suggests that the combination of:
(A) Lessor’s actual purchase cost;
(B) Freight, if applicable;
(C) Accessories, if applicable;
(D) Any fee paid to a different to get the lease; and
(E) AN quantity adequate to 5 p.c (5%) of subdivision (b)(1);
(2) “Lessee cost” suggests that the combination deposit and rental payments antecedently paid to the proprietor for the hired vehicle less service fees; and
(3) “Service fees” suggests that the portion of a lease payment imputable to:
(A) AN quantity for earned interest calculated on the rental payments antecedently paid to the proprietor for the hired vehicle at AN annual rate adequate to 2 (2) points higher than the prime rate in impact on the date of the execution of the lease; and
(B) Any insurance or alternative prices gone by the proprietor for the good thing about the renter.

Tennessee Lemon Law 55-24-205. Presumptions
Term of protection – Notice to manufacturer.
(a) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if:
(1) The same nonconformity has been subject to repair four (4) or more times by the manufacturer or its agents or authorized dealers, but such nonconformity continues to exist; or
(2) The vehicle is out of service by reason of repair for a cumulative total of thirty (30) or more calendar days during the term of protection.
(b) The term of protection and such thirty-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike or fire, flood or other natural disaster.
(c) It shall be the responsibility of the consumer, or the representative of the consumer, prior to proceeding under the provisions of 55-24-203, to give written notification by certified mail directly to the manufacturer of the need for the correction or repair of the nonconformity. If the address of the manufacturer is not readily available to the consumer in the owner’s manual or manufacturer’s warranty received by the consumer at the time of purchase of the motor vehicle, such written notification shall be mailed to an authorized dealer. The authorized dealer shall upon receipt forward such notification to the manufacturer. If, at the time such notice is given, either of the conditions set forth in subsection (a) already exists, the manufacturer shall be given an additional opportunity after receipt of the notification, not to exceed ten (10) days, to correct or repair the nonconformity.

Tennessee Lemon Law 55-24-206. Informal dispute settlement procedure.
(a) If a manufacturer has established or participates in an informal dispute settlement procedure which complies with the provisions of Title 16, Code of Federal Regulations, Part 703, as those provisions read on November 3, 1983, and of this part, and causes the consumer to be notified of the procedure, the provisions of 55-24-203 concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure. The attorney general and reporter shall, upon application, issue a determination whether an informal dispute resolution mechanism qualifies under this section.
(b)
(1) The informal dispute settlement panel shall determine whether the motor vehicle does or does not conform to all applicable express warranties.
(2) If the motor vehicle does not conform to all applicable express warranties, the informal dispute settlement panel shall then confirm whether the nonconformity substantially impairs the motor vehicle.
(3) If the nonconformity will well impair the car, the informal dispute settlement panel shall then determine, in accordance with this half, whether or not an affordable variety of tries are created to correct the nonconformity.
(4) If an affordable variety of tries are created to correct the nonconformity, the informal dispute settlement panel shall confirm whether or not the manufacturer has been given a chance to repair the car as provided in 55-24-202.
(5) If the manufacturer has been given a chance to repair the car as provided in 55-24-202, the panel shall realize that the buyer is entitled to refund or replacement as provided in 55-24-203(a).
(6) The informal dispute settlement panel shall confirm the quantity of collateral charges, wherever acceptable.

Tennessee Lemon Law 55-24-207. Statute of limitations.
(a) Any action brought underneath this half shall be commenced inside six (6) months following:
(1) Expiration of the specific assurance term; or
(2) One (1) year following the date of original delivery of the car to a client, whichever is that the later date.
(b) The statute of limitations shall be tolled for the amount starting on the date once the buyer submits a dispute to a casual dispute settlement procedure as provided in 55-24-206 and ending on the date of its call or the date before that the manufacturer, its agent or its approved dealer is needed by the choice to satisfy its terms, whichever comes later.

Lemon Law Tn 55-24-208. Recovery of prices and expenses – Attorneys’ fees.
If a client finally prevails in any action brought underneath this half, such client could also be allowed by the court to recover as a part of the judgment a add adequate to the combination quantity of prices and expenses, as well as attorneys’ fees supported actual time gone, determined by the court to own been moderately incurred by the litigator for or in reference to the commencement and prosecution of such action.

Lemon Law Tn 55-24-209. Copy of repair order to client.
A manufacturer, its agent or authorized dealer shall provide to the buyer, each time the consumer’s vehicle is returned from being serviced or repaired, a copy of the repair order indicating all work performed on the vehicle, including, but not limited to, parts and labor provided without cost or at reduced cost because of shop or manufacturer’s warranty, the date the vehicle was submitted for repair, the date it was returned to the consumer, and the odometer reading.

Lemon Law Tn 55-24-210. Election of remedies.
(a) Nothing in this part shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
(b) In no event shall a consumer who has resorted to an informal dispute settlement procedure be precluded from seeking the rights or remedies available by law. However, if the consumer elects to pursue any other remedy in state or federal court, the remedy available under this part shall not be available insofar as it would result in recovery in excess of the recovery authorized by 55-24-203 without proof of fault resulting in damages in excess of such recovery.
(c) Any agreement entered into by a consumer for, or in reference to, the acquisition or lease of a replacement car that waives, limits or disclaims the rights set forth during this half shall be void as contrary to public policy. These rights shall indurate to a subsequent transferee of such car.

Lemon Law Tn 55-24-211. Commencing actions against sellers or lessors.
No action shall be commenced or maintained underneath the provisions of this half against the vendor or proprietor of a car unless the vendor or proprietor is additionally the manufacturer, or unless the manufacturer of the car isn't subject to service of method within the state of Tennessee, or service can not be secured by the long-arm statutes of Tennessee, or unless the manufacturer has been judicially declared insolvent.

Lemon Law Tn 55-24-212. Manufacturer’s assurance – revealing to vendee.
Any business entity that purchases a fleet of latest automobiles, titles such automobiles within the business entity’s name and sells such vehicles to a personal vendee shall disclose in writing any remaining manufacturer’s assurance on such automobiles to such vendee.

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