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 specify that if you acquire (and in many states, lease) a new or used vehicle or other vehicle with a manufacturer's warranty that is defective, and the manufacturing business can't restore it despite persistent efforts (in a fixed time that varies from state to state), or if the motor vehicle is out of service for a defined time (typically 30 days) due to its problems, you are eligible to a broad number of maltreats, including:

1. Money damages
2. A return of the original money paid
3. A new automobile
Also, nearly all the Lemon Laws (as well as the Federal Warranty Law) feature a fee switching component which stipulates that if you win your case, the manufacturer or car dealership which sold you your lemon is required to repay litigation fees.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Even though the wording of each state's statute differ, the typical state Lemon Law statute affords cure for owners with a unsound auto sold with a warranty if:

1. The car dealership or original equipment manufacturer cannot reliably remedy a specific gremlin in the item after a fair number of repair efforts (generally at least 3);
2. The motor vehicle can't be used for at least 30 days due to troubles in the car; or
3. The car dealership or original equipment manufacturer just can't fix a failing that is a significant safety hazard.

In general, a bad motor vehicle is a motor vehicle with a defect or condition that considerably impairs its drivability, value, or safety to the consumer and doesn't maintain the standard of the warranty. Typically, the period of time during which the Lemon Laws are applicable are rather short; the shortcomings and consequential repair attempts (or out-of-service time) typically will occur during the first two-years or 24,000 miles the owner has the automobile. However, a number of states have even shorter periods. Furthermore, most states have notification and trigger prerequisites, such as requiring the consumer to send registered post notice to the original producer of the shortcomings and presenting the car dealership an opportunity to fix the motor vehicle. Additionally, numerous states demand that Lemon Law cases be solved through an arbitration procedure.

Generally, state Lemon Law statues also are applicable to leased automobiles and preowned vehicles bought while under the manufacturer's original warranty. A good number of state Lemon Laws also are applicable to vehicles other than passenger automobiles. depending on the customer's home residence, or the state in which the consumer purchased the car, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer items (such as electronics)
There are many effective resolutions possible under the Lemon Laws. US Statesally, if the original producer cannot correct the vehicle, the consumer may either call for the original producer to replace the automobile, or demand the original producer to take back the automobile and payback the purchase price together with incidental costs, including all invoices, towing charges, repair charges, associated travel costs and other damages incurred by the consumer as a result of the flaws in the automobile. Another important resolution possible under most Lemon Laws is legal expenses. In most states, if you win in a Lemon Law suit, you won't have to pay any attorneys' fees-the car manufacturer that sold you your lemon is obligated to pay for your litigation charges.

The defendant car original equipment manufacturer can implement many defenses to a Lemon Law claim. The average regulation affords that the manufacturer is not liable if it can prove that the defects at issue persisted due to misdeed, carelessness, or the alteration or modification of a vehicle by persons other than the original equipment manufacturer, an agent, or an authorized repair facility. Restated, if the consumer dismantles his or her own car, or the troubles were caused by changing or adjustments performed by an unauthorized person, the original equipment manufacturer could not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer product warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires manufacturers and dealers of consumer items to give customers detailed information about warranty coverage. Also, it determines both the rights of consumers and the responsibilities of warrantors under written warranties.

Although the Magnuson Moss Act doesn't call for an motor vehicle original equipment manufacturer to supply consumers with a warranty, if a warranty is supplied, the Magnuson Moss Act provides a number of protections for the consumer. The Magnuson Moss Act makes it easier for consumers to sue for breach of warranty by making breach of warranty a violation of federal law, and by allowing for public consumers to recuperate litigation charges and reasonable laywers' fees.

The Magnuson Moss Act is oftentimes applicable in a lemon lawsuit where, for some reason, a state Lemon Law claim is not possible or moreover unfavorable. For instance, unlike the relatively short time period provided to consumers within most Lemon Laws, you can register a claim for breach of warranty after the warranty period has expired as long as the problems happened during the warranty time period. Moreover, although a few Lemon Laws restrict their coverage benefits to a very specific number of vehicles, the Magnuson Moss Act is relevant to just about all consumer goods. The Magnuson Moss Act might also be applicable if you purchased or leased a expended motor vehicle without a manufacturing business warranty, or if the motor vehicle is covered by a service contract or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in all states. It is the primary source of law regulating warranties on consumer goods, including cars and other items. The UCC offers an alternative legal channel for consumers with lemon problems.

UCC code provides that the purchaser of a product is entitled to return goods that do not perform in any respect to the agreement. Therefore, if your recently purchased product doesn't work as warranted by the manufacturing business (your written warranty is part of your agreement), you can file a claim referencing the UCC in addition to any other claims you may have.

The time period for rejecting a vehicle with the UCC is not unlimited. If you come upon a defect in your vehicle within a reasonable inspection period, you can reject the automobile. Unfortunately, brand new automobiles can be often technically complex and you may not understand whether your car conforms to the agreement until long after you acquire the car and defects start to arise. Fundamentally, if Long after this inspection time you fail to refuse the car, you will be deemed to have approved of it and will have no claim through the UCC.

The duration of the review period is not outlined in the statute. The Courts decide how long the reasonable review period is based on the consumer's familiarity and past experience, the consumer's trouble in discovering the failing, and the consumer's opportunity to observe the gremlin.

In spite of this limitation, the UCC states that in certain cases where a consumer is deemed to have approved of goods (i.e. the reasonable review time period has elapsed), a consumer may still abrogate his approval of those products where the non-conformity frequently degrades the economic value of the products to him. Those instances include examples in which it is challenging to observe the nonconformity or the consumer was promised that the non-conformity would be repaired. Re-stated, the court will exempt the consumer from not refusing the products where the consumer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a car excessively breaks down and you have to keep bringing it back to the car dealership for repair under the warranty, the vehicle lemon law may be your next recourse. The fault must be significant in which it impedes your driving the car or your safety. A car stalling often is a significant fault. This is precisely the type of condition that can hinder your driving and your safety. Under the auto lemon law you are not obligated to establish why the vehicle is stalling, you merely have to show that it is stalling. In essence you need to check the lemon law in these 3 instances: the vehicle keeps breaking down within the warranty period, the vehicle is a safety hazard, the car dealership is not able to recondition the vehicle when it is guaranteed.

If you own a car which is a lemon you can immediately write to the original producer and ask for a replacement car. If this request is not acceptable to the original producer, you may move into an arbitration process. A few makers have their own arbitration process. Other makers employ third party arbitration program including Autoline by the Better Business Bureau. The proposal of the arbitrators is binding on the original producer but not on the consumer. If unsatisfied with the proposition, the consumer can take the original producer to court.

Virtually all laws stipulate that the purchaser ought to be restored back to the financial situation they were in before they purchased the automobile, less the sum that the purchaser benefited from by using the automobile. To get the restitution amount a number of components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new pre-owned vehicles will qualify under basic lemon laws. For example, a pre-owned vehicle may fall under normal 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 vehicle lemon law might be extra cooperative with the age and measure of mileage. Still, the vehicle needs to be sold by a dealership that supplies a written warranty. Personal sales aren't regulated, neither are vehicles sold under a declared price paid. There may be additional restrictions to a used car lemon law such as the proposes in which the automobile is utilized or the classification of automobile. Older automobiles, are usually excluded from pre-owned car lemon laws. Used car lemon laws usually cover a much shorter period of time than new car ordinances. They frequently range from 30 to 90 days, depending on your used automobile's mileage.
When finding a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the regulations that apply to your state. Also enquire about the pricing system. Many lemon law lawyers need a rather humble retainer to address a lemon law claim, and subsequently, the attorney's invoices are billed to the original equipment manufacturer. Essentially, lemon law claims are normally very affordable to consumers. The reimbursement of lawyer invoices differs from state to state. About half of the states let you to recover your Lawyer invoices if you win. The attorney's fee is based upon actual time expended instead of being linked to any share of the recuperation. In a select few States, you will pay the manufacturing business* lawyer's bills if you lose.

Consumers should register their charges in writing and retain a copy. In all written correspondence, always delineate how difficult it is to take the vehicle to the car dealership for work and that the reliableness that the customer thought She was acquiring has been non-existent. Any written correspondence with a dealership or original equipment manufacturer should be sent using certified mail. In most suits the makers claim that they haven't had the needed number of efforts to fix the condition. They rely on the reality that the customer does not have repair receipts for each occurance they have brought the automobile into the authorized repair facility. They also count on the fact that the repair receipts have different things fixed every occurance demonstrating that they have not fixed the same problem. Consumers ought to reply by demanding that dealers always hand them a warranty repair sheet. Consumers must also contend that these undocumented trips are tries.

Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately scan your owner's manual and warranty info entirely, as well as the data concerning lemon law rights which you should get when you choose your vehicle. Don't depend on your dealership to identify which troubles are covered by warranty. If your dealership states that a problem is not covered and you believe that she is purposely misleading you, be calm but self-assertive. Don't be scared to go over the part of the warranty that applies, or to call the original equipment manufacturer for confirmation utilizing the contact information included with your owner's manual. You should not be obligated pay for corrections linked to lemon law complaints. It's also essential to give notice the original equipment manufacturer of a complaint as soon as possible. If you believe that your vehicle has a problem which just can't be remedied, check out your lemon law rights to see when you are able to submit 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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