Tennessee Lemon Law Firms:
This is a list of law firms that are registered as specializing in Tennessee lemon law cases.

Tennessee Code, 55-24-201 to 55-24-212

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" means a motor vehicle as defined in 55-1-103, which is sold and subject to the registration and certificate of title provisions in chapters 1-6 of this title in the state of Tennessee, and classified as a Class C vehicle according to 55-4-111. For the purposes of this part, "motor vehicle" does not include motorized bicycles as defined in 55-8-101, motor homes as defined in 55-1-104, lawnmowers or garden tractors, recreational vehicles or off-road vehicles and vehicles over ten thousand (10,000) pounds gross vehicle weight;

(4) "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; and

(5) "Term of protection" means the term of applicable express warranties or the period of one (1) year following the date of original delivery of the motor vehicle to a consumer, whichever comes first; or, in the case of a replacement vehicle provided by a manufacturer to a consumer under this part, one (1) year from the date of delivery to the consumer of the replacement vehicle.

55-24-202. Nonconforming vehicles.

Reports - Repairs.

If a new motor vehicle does not conform to all applicable express warranties and 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.

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 purposes 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.

55-24-204. Leased vehicles - Refunds.

(a) In the case of a leased vehicle, refunds will be made to the lessor and lessee as follows: The lessee will receive the lessee cost and the lessor will receive the lease price less the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle.

(b) For purposes of this section:

(1) "Lease price" means the aggregate of:

(A) Lessor's actual purchase cost;

(B) Freight, if applicable;

(C) Accessories, if applicable;

(D) Any fee paid to another to obtain the lease; and

(E) An amount equal to five percent (5%) of subdivision (b)(1);

(2) "Lessee cost" means the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle less service fees; and

(3) "Service fees" means the portion of a lease payment attributable to:

(A) An amount for earned interest calculated on the rental payments previously paid to the lessor for the leased vehicle at an annual rate equal to two (2) points above the prime rate in effect on the date of the execution of the lease; and

(B) Any insurance or other costs expended by the lessor for the benefit of the lessee.

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.

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 determine whether the nonconformity substantially impairs the motor vehicle.

(3) If the nonconformity does substantially impair the motor vehicle, the informal dispute settlement panel shall then determine, in accordance with this part, whether a reasonable number of attempts have been made to correct the nonconformity.

(4) If a reasonable number of attempts have been made to correct the nonconformity, the informal dispute settlement panel shall determine whether the manufacturer has been given an opportunity to repair the motor vehicle as provided in 55-24-202.

(5) If the manufacturer has been given an opportunity to repair the motor vehicle as provided in 55-24-202, the panel shall find that the consumer is entitled to refund or replacement as provided in 55-24-203(a).

(6) The informal dispute settlement panel shall determine the amount of collateral charges, where appropriate.

55-24-207. Statute of limitations.

(a) Any action brought under this part shall be commenced within six (6) months following:

(1) Expiration of the express warranty term; or

(2) One (1) year following the date of original delivery of the motor vehicle to a consumer, whichever is the later date.

(b) The statute of limitations shall be tolled for the period beginning on the date when the consumer submits a dispute to an informal dispute settlement procedure as provided in 55-24-206 and ending on the date of its decision or the date before which the manufacturer, its agent or its authorized dealer is required by the decision to fulfill its terms, whichever comes later.

55-24-208. Recovery of costs and expenses - Attorneys' fees.

If a consumer finally prevails in any action brought under this part, such consumer may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorneys' fees based on actual time expended, determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action.

55-24-209. Copy of repair order to consumer.

A manufacturer, its agent or authorized dealer shall provide to the consumer, 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.

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 connection with, the purchase or lease of a new motor vehicle which waives, limits or disclaims the rights set forth in this part shall be void as contrary to public policy. These rights shall inure to a subsequent transferee of such motor vehicle.

55-24-211. Commencing actions against sellers or lessors.

No action shall be commenced or maintained under the provisions of this part against the seller or lessor of a motor vehicle unless the seller or lessor is also the manufacturer, or unless the manufacturer of the motor vehicle is not subject to service of process in the state of Tennessee, or service cannot be secured by the long-arm statutes of Tennessee, or unless the manufacturer has been judicially declared insolvent.

55-24-212. Manufacturer's warranty - Disclosure to purchaser.

Any business entity which purchases a fleet of new motor vehicles, titles such motor vehicles in the business entity's name and sells such vehicles to an individual purchaser shall disclose in writing any remaining manufacturer's warranty on such motor vehicles to such purchaser.

Fundamentally, the Lemon Laws state that if you purchase (and in various states, lease) a new or used vehicle or other vehicle covered by a manufacturer's warranty that is defective, and the original maker just can not fix it despite recurring tries (in a stipulated time limit that varies from state to state), or if the product is not drivable for a defined period (generally 30 days) because of its shortcomings, you are entitled to a wide range of abuses, including:

1. Monetary damages
2. A payback of your purchase price
3. A brand new vehicle
Additionally, almost all the Lemon Laws (and the Federal Warranty Law) contain a fee shifting element that states that if you win your lawsuit, the original maker or dealership which sold you the lemon is required to pay your litigation invoices.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Even though the wording of each state's statute vary, the conventional state Lemon Law statute extends help for owners with a malfunctioning car purchased with a warranty if:

1. The dealer or original maker just can not legitimately remedy a specific problem in the car after a reasonable number of repair efforts (usually at least 3);
2. The automobile cannot be driven for at least 30 days due to shortcomings in the automobile; or
3. The dealership or original maker can't correct a problem that is a significant safety risk.

More often than not, a defective vehicle is a car with a problem or trouble that often impares its usability, value, or safety to the consumer and does not conform to the written warranty. Frequently, the time period during which the Lemon Laws apply are rather short; the shortcomings and subsequent repair attempts (or out-of-service time period) generally must take place during the first 2-years or 24,000 miles of consumer ownership of the motor vehicle. However, a number of states have even shorter periods. Furthermore, many states have notice and trigger prerequisites, such as expecting the consumer to send out registered mail notice to the manufacturer of the shortcomings and presenting the dealer a period to repair the automobile. Also, many states demand that Lemon Law cases be resolved through an arbitration procedure.

Generally, state Lemon Law regulation codes also apply to leased automobiles and used cars purchased whilst under the producers basic warranty. A good number of state Lemon Laws also are applicable to cars other than passenger cars. based on the consumer's home residence, or the state in which the consumer bought the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer items (like electronics)
There are many powerful remedies possible under the Lemon Laws. U.S. statesten times, if the manufacturer just can't repair the motor vehicle, the consumer may either expect the manufacturer to replace the car, or insist the maker to reposess the car and payback the purchase price including incidental costs, like all invoices, towing fees, repair charges, associated transportation costs and other damages incurred by the consumer as a consequence of the defects in the car. Another important resolution possible under most Lemon Laws is laywers' expenses. In virtually all states, if you prevail in a Lemon Law case, you will not have to pay any attorneys' expenses-the car original producer that sold you your lemon is forced to pay your court expenses.

The defendant motor vehicle original producer can employ various defenses to a Lemon Law claim. The common statute affords that the original producer is not liable if it can affirm that the flaws in question came about because of misdeed, neglect, or the alteration or modification of a car by somone other than the manufacturing business, an agent, or an authorized dealer. Restated, if the consumer abuses his or her own vehicle, or the flaws were caused by changing or changes performed by a third party, the manufacturing business could not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer product warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturing business and sellers of consumer products to provide consumers detailed data about warranty coverage claims. Additionally, it shapes both the rights of public consumers and the obligations of warrantors under original warranties.

Even though the Magnuson Moss Act doesn't require an automobile original maker to supply consumers with a warranty, if a warranty is furnished, the Magnuson Moss Act offers several protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for not honoring the warranty by making breach of warranty a violation of federal law, and by allowing for customers to recoup court costs and fair attorney's charges.

The Magnuson Moss Act is typically relevant in a lemon suit in which, for some reason, a state Lemon Law claim is not available or otherwise disadvantageous. For instance, divaricate from the rather short cycle provided to public consumers within virtually all Lemon Laws, you may record a claim for breach of warranty after the warranty period has passed if the troubles happened during the warranty period. In addition, although some Lemon Laws restrict their coverage to a narrow number of motor vehicles, the Magnuson Moss Act is relevant to just about all consumer goods. The Magnuson Moss Act could also be applicable if you purchased or leased a used car without a manufacturer's warranty, or if the car is covered by a third party contract or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in every state. It is the principal authority of law regulating contracts dealing with the sale of products, including automobiles and other items. The UCC offers a legal channel for customers with lemon troubles.

UCC code stipulates that the purchaser of a product is entitled to return merchandise that break in any way to the contract. Thus, if your brand new product doesn't function as guaranteed by the original producer (your manufacturer warranty is part of your consumer agreement), you may file a claim referencing the UCC in addition to whatever other claims you might have.

The period for returning a vehicle with the UCC is not unlimited. If you detect a flaw in your car within a fair inspection time period, you may take back the vehicle. Unfortunately, new vehicles can be often technically complex and you might not know whether your motor vehicle conforms to the contract until after you acquire the motor vehicle and troubles start to arise. So, if Following this inspection time period you do not take back the motor vehicle, you will be alleged to have o.K.ed it and might have no claim through the UCC.

The length of the review time period is not defined in the statute. Courts decide how long the fair review period is based on the buyer's understanding and past experience, the buyer's trouble in seeing the problem, and the buyer's opportunity to discover the gremlin.

In spite of this restriction, the UCC states that in certain examples where a buyer is deemed to have accepted goods (i.e. the fair review period has elapsed), a buyer can still repeal his acceptation of those goods where the non-conformity often degrades the value of the goods to him. Those instances include situations in which it proves hard to come upon the nonconformity or the buyer was promised that the non-conformity would be fixed. Re-stated, the court will exempt the buyer from not having rejected the goods where the buyer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a automobile excessively gives out and you have to keep taking it back to the car dealership for repair under the warranty, the car lemon law might be your next recourse. The gremlin should be substantive in which it hampers your driving the automobile or your safety. A automobile stalling perpetually would be a substantive gremlin. This is precisely the type of condition that could diminiah your driving and your safety. Under the car lemon law you are not expected to prove why the car is stalling, you only have to show that it is stalling. Thus you need to check the lemon law in these 3 situations: the vehicle keeps dying inside the warranty period, the vehicle is a safety hazard, the dealer is not able to recondition the vehicle when it is guaranteed.

If you own a motor vehicle which is a lemon you can directly write to the original producer and ask for another equivalent motor vehicle. If this requirement is not acceptable to the original producer, you could enter into an arbitration arrangement. A few makers have their own arbitration process. Other makers use outside arbitration program such as Autoline by the Better Business Bureau. The recommendation of the arbitrators is binding on the original producer but not on the buyer. If unsatisfied with the opinion, the buyer can take the original producer to court.

Virtually all ordinances provide that the owner ought to be restored back to the financial situation they were in before they purchased the automobile, less the sum that the owner profited from by using the automobile. To get the restitution total various elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new used cars may qualify under regular lemon laws. For example, a pre-owned vehicle might fall under regular lemon laws if it is less than one year old and has less than 12,000 miles on the odometer. States which do have a used vehicle lemon law will be additionally accommodative with the age and measure of mileage. Still, the vehicle needs to be sold by a car dealership that provides a written warranty. Personal sales are not involved, neither are cars sold under a certain purchase price. There might be additional restrictions to a used car lemon law such as the proposes for which the automobile is pre-owned or the categorisation of automobile. Vintage automobiles, are normally excluded from pre-owned vehicle lemon laws. Used car lemon laws usually cover a much shorter time period than new car ordinances. They often range from 30 to 90 days, based on your pre-owned vehicle's mileage.
When selecting an attorney for your lemon case, make sure that your lawyer is knowledgeable about the laws that apply to your state. Also enquire about the fee program. Many lemon law lawyers get a relatively minor retainer to manage a lemon law claim, and subsequently, the lawyer's bills are charged to the original equipment manufacturer. Thus, lemon law claims are usually very affordable to purchasers. The reimbursement of attorney expenses differs from state to state. About one-half of the states permit you to recoup your Lawyer expenses if you win. The attorney's fee is based on actual time spent instead of being attached to any share of the recuperation. In a few States, you must pay the manufacturing business* attorney's charges if you lose.

Consumers ought to register their concerns in writing and keep a copy. In any written correspondence, always delineate how difficult it is to bring the auto to the dealer for work and that the reliability that the owner thought He was acquiring has been non-existent. Any written correspondence with a car dealership or original equipment manufacturer needs to be sent using certified postal service. In many instances the makers claim that they have not had the needed number of tries to remedy the problem. They depend on the fact that the owner does not retain repair tickets for each instance they have taken the vehicle into the dealership. They also bet on the possibility that the repair tickets have different items fixed each period showing that they haven't fixed the same problem. Consumers ought to reply by asking that sellers always send them a warranty repair sheet. Consumers should also indicate that these unwritten trips are attempts.

Make sure to be aware of your lemon law rights. Upon purchase, immediately scan your owner's binder and warranty info thoroughly, as well as the information on lemon law rights which you ought to obtain when you buy your motor vehicle. Don't bet on your dealer to make clear which problems are covered by warranty. If your dealer states that a problem is not covered and you believe that she is misleading you, be calm but confident. Don't be afraid to produce the section of the warranty that applies, or to call the manufacturer for verification applying the contact references included inside your owner's binder. You should not be obliged pay for repairs connected to lemon law complaints. It's also crucial to advise the manufacturer of a complaint promptly. If you believe that your car has a condition that can't be remedied, check your lemon law rights to see when you are able to file a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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