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.

In essence, the Lemon Laws specify that if you buy (and in various states, lease) a brand new or pre-owned car or other vehicle covered by a manufacturer's warranty that is defective, and the original maker cannot recondition it in spite of repeated tries (within a specified time limit that varies from state to state), or if the item is not drivable for a defined period of time (usually 30 days) because of its troubles, you are eligible to a broad range of damage settlements, including:

1. Money damages
2. A refund of the purchase cost
3. A brand new vehicle
Moreover, just about all of the Lemon Laws (and the Federal Warranty Law) have a fee switching component which provides that if you win your lawsuit, the manufacturing business or dealership that sold you the lemon is required to repay laywers' invoices.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Even though the wording of each state's statute vary, the average state Lemon Law statute extends remedy for consumers with a broken-down auto sold with a warranty if:

1. The dealer or manufacturing business cannot indisputably repair a specific fault in the motor vehicle after a reasonable number of repair efforts (generally at least 3);
2. The automobile cannot be driven for at least 30 days due to shortcomings in the car; or
3. The dealer or manufacturing business cannot correct a deficiency that is a considerable safety risk.

More often than not, a faulty automobile is a automobile with a problem or condition that frequently impairs its drivability, value, or safety to the consumer and doesn't conform to the written warranty. Frequently, the period in which the Lemon Laws apply are rather short; the flaws and resultant repair attempts (or out-of-service period of time) usually must happen during the first 2-years or 24,000 miles in which the purchaser owns the motor vehicle. However, a number of states have even shorter time periods. Also, almost all states have notice and activation prerequisites, such as wanting the consumer to send registered mail notice to the maker of the problems and affording the car dealership an option to correct the car. Additionally, numbers of states require that Lemon Law suits be settled through an arbitration program.

Generally, state Lemon Law statues also are applicable to leased cars and preowned automobiles bought whilst under the makers original warranty. A number of state Lemon Laws also apply to automobiles other than passenger automobiles. depending on the buyer's home residence, or the state in which the consumer bought the motor vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer items (like televisions)
There are many significant resolutions possible under the Lemon Laws. Statesally, if the maker just can not repair the vehicle, the consumer may either call for the maker to replace the vehicle, or obligate the maker to take the vehicle and refund the original cost along with accompanying damages, such as all charges, towing fees, repair charges, associated travel costs and other charges incurred by the consumer as a consequence of the faults in the vehicle. Another important remedy possible under most Lemon Laws is laywers' fees. In virtually all states, if you prevail in a Lemon Law case, you won't have to pay any attorneys' bills-the automobile original maker that sold you your lemon is obligated to pay for your attorney's bills.

The defendant automobile original equipment manufacturer can use several defenses to a Lemon Law claim. The average statute provides that the maker is not guilty if it can establish that the troubles at issue were caused by maltreatment, carelessness, or the tampering or alteration of a vehicle by anyone other than the original maker, its agent, or its authorized dealer. Put differently, if the consumer maltreats his or her own automobile, or the faults were the fault of modifications or changes executed by an unauthorized person, the original maker may not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer merchandise warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires manufacturing business and sellers of consumer items to provide customers detailed data about warranty coverage claims. Additionally, it shapes both the rights of consumers and the responsibilities of warrantors under manufacturer warranties.

Although the Magnuson Moss Act doesn't call for an automobile original equipment manufacturer to provide customers with a warranty, if a warranty is provided, the Magnuson Moss Act extends a number of 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 noncompliance of federal law, and by allowing purchasers to recoup legal costs and fair attorney's expenses.

The Magnuson Moss Act is oftentimes valuable in a lemon suit where, for some reason, a state Lemon Law claim is not possible or furthermore unfit. For example, divaricate from the relatively short time provided to consumers within almost all Lemon Laws, you may bring a claim for breach of warranty after the warranty period has expired if the defects occurred during the warranty period. In addition, although some Lemon Laws limit their coverage to a narrow list of vehicles, the Magnuson Moss Act is relevant to near all consumer products. The Magnuson Moss Act might also be applicable if you purchased or leased a expended car without a manufacturer's warranty, or if the car is covered by a third party service contract or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in every state. It is the principal foundation of law regulating product contracts, including motor vehicles and other items. The UCC affords another legal course for public consumers with lemon problems.

UCC code says that the consumer of a product is entitled to return products that do not perform in any respect to the contract. In essence, if your new product does not function as guaranteed by the manufacturing business (your original warranty is a portion of your warranty), you may file a claim referencing the UCC in addition to any other claims you might have.

The period for taking back a motor vehicle with the UCC is not unlimited. If you detect a flaw in your car within a reasonable review period, you can take back the motor vehicle. Unfortunately, brand new cars can be typically technically complicated and you may not know whether your car conforms to the agreement till long after you buy the car and troubles start to arise. Fundamentally, if After this review time you don't take back the car, you will be pronounced to have okayed it and might have no claim through the UCC.

The duration of the review period is not defined in the statute. The Courts determine how long the fair inspection period is based on the purchaser's knowledge and experience, the purchaser's trouble in seeing the fault, and the purchaser's chance to detect the deficiency.

In spite of this limitation, the UCC says that in certain examples where a consumer is alleged to have approved of products (i.e. the fair inspection time period has passed), a consumer may still repeal his approval of those product where the non-conformity frequently impares the marketability of the product to him. Those cases include lawsuits in which it proves laborious to reveal the nonconformity or the consumer was guaranteed that the non-conformity would be fixed. Put differently, the court will exempt the consumer from not refusing the product where the consumer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a motor vehicle excessively fails and you have to keep bringing it back to the car dealership for repair under the warranty, the motor vehicle lemon law can be your next course of action. The flaw should be significant in which it hinders your driving the item or your safety. A item stalling often would be a significant flaw. This is precisely the type of problem that could hinder your driving and your safety. Under the auto lemon law you are not expected to indicate why the car is stalling, you only have to verify that it is stalling. Thus you need to check the lemon law in these 3 cases: the car keeps breaking within the warranty time period, the car is a safety hazard, the car dealership is incapable to correct the car when it is guaranteed.

If you own a vehicle which is a lemon you can directly write to the manufacturer and ask for a replacement vehicle. If this requirement is not acceptable to the manufacturer, you can move into an arbitration process. A few manufacturing business* incorporate their own arbitration process. Other manufacturing business* utilize outside arbitration program such as Autoline by the Better Business Bureau. The judgment of the arbitrators is binding on the manufacturer but not on the buyer. If unsatisfied with the recommendation, the buyer can take the manufacturer to court.

Virtually all ordinances stipulate that the owner should be returned back to the financial position they were in before they purchased the vehicle, less the sum that the owner gained from by using the vehicle. To get the compensation amount several factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new pre-owned cars may qualify under basic lemon laws. For example, a pre-owned car may 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 pre-owned car lemon law might be extra accommodative with the age and amount of mileage. Still, the car needs to be sold by a dealership that extends a written warranty. Private party sales are not governed, nor are automobiles sold under a declared price paid. There could be other restrictions to a used car lemon law such as the functions in which the vehicle is used or the classification of vehicle. Vintage motor vehicles, are usually excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter time period than new car laws. They oftentimes range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that cover to your state. Also enquire about the pricing structure. Many lemon law attorneys take a relatively small retainer to manage a lemon law claim, and afterward, the lawyer's fees are billed to the maker. Thus, lemon law claims are normally very affordable to consumers. The reimbursement of lawyer fees varies from state to state. About one-half of the states permit you to recover your Attorney expenses if you win. The lawyer's fee is based on actual time expended instead of being linked to any portion of the recuperation. In some States, you must pay the manufacturer's attorney's charges if you lose.

Consumers should record their concerns in writing and save a copy. In any written correspondence, always outline how burdensome it is to return the motor vehicle to the dealer for work and that the reliability that the purchaser believed He was receiving has been non-existent. Any written correspondence with a car dealership or maker should be sent using certified postal service. In almost all cases the manufacturing business* claim that they haven't had the requisite number of endeavors to repair the condition. They bet on the fact that the purchaser doesn't have repair sheets for each time they have taken the automobile into the authorized repair facility. They also depend on the fact that the repair sheets have seperate things fixed each period showing that they haven't repaired the same problem. Consumers should reply by expecting that dealers always hand them a warranty repair ticket. Consumers ought to also debate that these unrecorded visits are attempts.

Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately scan your owner's book and warranty information entirely, and the information with respect to lemon law rights which you should get when you buy your motor vehicle. Don't depend on your dealer to explain which problems are covered by warranty. If your dealer states that a problem is not covered and you believe that he or she is being deceptive, be polite but surefooted. Don't be frighted to bring out the section of the warranty that applies, or to call the original producer for verification using the contact information included with your owner's book. You should not have to pay for corrections related to to lemon law complaints. It's also important to give notice the original producer of a complaint as soon as possible. If you are suspicious that your car has a problem which just can not be remedied, check into 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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