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.

Generally, the Lemon Laws specify that if you purchase (and in most states, lease) a new or used car or other car covered by a manufacturer's warranty that repeatedly breaks down, and the original maker just can not restore it despite persistent efforts (inside a specified time limit that varies from state to state), or if the motor vehicle is not drivable for a set time (generally 30 days) due to its defects, you are entitled to a wide number of breaks, including:

1. Money damage settlements
2. A compensation of your purchase price
3. A new car
Also, just about all the Lemon Laws (and the Federal Warranty Law) incorporate a fee changing mechanism that stipulates that if you win your lawsuit, the manufacturer or dealership that sold you your lemon is forced to pay attorneys' invoices.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has its own Lemon Law statute. Although the attributes of each state's statute are distinct, the standard state Lemon Law statute offers compensation to a consumer with a dilapidated vehicle sold with a warranty if:

1. The dealership or manufacturer can't properly repair a particular flaw in the product after a fair number of repair efforts (typically at least 3);
2. The vehicle cannot be driven for at least 30 days due to faults in the car; or
3. The car dealership or manufacturer just can not correct a flaw that is a severe safety risk.

Generally, a bad car is a car with a defect or affliction that often cripples its function, value, or safety to the consumer and does not comply with the written warranty. Frequently, the time period during which the Lemon Laws are applicable are rather short; the shortcomings and consequential repair efforts (or out-of-service time) usually will happen during the first 2-years or 24,000 miles the owner has the vehicle. However, a number of states have even shorter periods. In addition, most states have notification and activation prerequisites, such as requiring the consumer to send registered mail notice to the original producer of the shortcomings and establishing the dealership an opportunity to correct the automobile. Furthermore, numerous states require that Lemon Law cases be adjudicated through an arbitration program.

Generally, state Lemon Law regulations also are applicable to leased automobiles and used vehicles bought while under the manufacturing business* basic warranty. A number of state Lemon Laws also are applicable to vehicles other than passenger automobiles. depending upon the customer's home residence, or the state where the consumer bought the vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer goods (such as electronics)
There are many robust remedies available under the Lemon Laws. Often times, if the original producer just can not repair the automobile, the consumer may either demand the original producer to replace the vehicle, or obligate the manufacturer to take the vehicle and payback the price paid together with incidental costs, such as all charges, towing charges, repair costs, associated transportation charges and other costs incurred by the consumer as a consequence of the problems in the vehicle. Another important resolution available under most Lemon Laws is litigation fees. In almost all states, if you win in a Lemon Law suit, you won't have to pay any legal bills-the auto original maker that sold you your lemon is required to pay your legal bills.

The defendant auto original maker can assert assorted defenses to a Lemon Law claim. The average statute extends that the original producer is not liable if it can prove that the defects in question were caused by exploitation, forget about, or the modification or tampering of a motor vehicle by anyone other than the manufacturing business, its agent, or an authorized repair facility. In different words, if the consumer dismantles his or her own automobile, or the defects were the fault of modifications or adjustments performed by a third party, the manufacturing business may not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires manufacturing business and marketers of consumer products to provide customers detailed info about warranty coverage. Also, it shapes both the rights of consumers and the responsibilities of warrantors under original warranties.

Although the Magnuson Moss Act does not require an auto original maker to supply customers with a warranty, if a warranty is supplied, the Magnuson Moss Act provides various protections for the consumer. The Magnuson Moss Act makes it more easy for buyers to sue for violating the warranty by making breach of warranty an infraction of federal law, and by allowing consumers to recuperate legal costs and sensible attorneys' expenses.

The Magnuson Moss Act is often applicable in a lemon case where, for some reason, a state Lemon Law claim is not possible or moreover unfavorable. For example, unlike the generally short time offered to purchasers with almost all Lemon Laws, you can bring a claim for breach of warranty after the warranty period has expired as long as the problems happened during the warranty time period. In addition, although a few Lemon Laws restrict their coverage benefits to a narrow list of vehicles, the Magnuson Moss Act applies to nearly all consumer products. The Magnuson Moss Act may also apply if you purchased or leased a preowned motor vehicle without a manufacturing business warranty, or if the motor vehicle is covered by a third party service contract or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in all 50 U.S. States. It is the main authority of law regulating consumer warranties, including motor vehicles and other items. The UCC offers an alternative legal course for public consumers with lemon troubles.

UCC code provides that the buyer of a product is entitled to return goods that fail in any sense to the contract. Essentially, if your new automobile does not work as guaranteed by the original equipment manufacturer (your written warranty is a portion of your contract), you may file a claim citing the UCC in addition to any other claims you may have.

The period of time for bringing back a vehicle with the UCC is not limitless. If you identify a flaw in your vehicle inside a sensible ownership time period, you can refuse the vehicle. Unfortunately, brand new vehicles can be typically technically complex and you may not acknowledge if your product conforms to the agreement till after you purchase the product and troubles begin to arise. In essence, if After this ownership time period you fail to refuse the product, you will be deemed to have approved of it and may have no claim through the UCC.

The length of the inspection time period is not delineated in the statute. Courts decide how long the fair inspection period is based on the buyer's expertise and experience, the buyer's difficulty in exposing the fault, and the buyer's chance to come upon the gremlin.

In spite of this limit, the UCC stipulates that in certain cases where a purchaser is pronounced to have approved of products (i.e. the fair inspection time has expired), a purchaser may still rescind his favorable reception of those product where the non-conformity largely cripples the economic value of the product to him. Those cases include instances where it proves toilsome to see the nonconformity or the purchaser was told that the non-conformity would be repaired. In other words, the local court will exempt the purchaser from not rejecting the product where the purchaser could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a car excessively breaks down and you have to keep bringing it back to the dealer for repair under the warranty, the vehicle lemon law can be your next recourse. The failing ought to be significant where it hampers your driving the product or your safety. A product stalling often is a significant failing. This is precisely the type of defect that can hinder your driving and your safety. Under the vehicle lemon law you are not obliged to demonstrate why the automobile is stalling, you only have to demonstrate that it is stalling. Essentially you need to check out the lemon law in these three examples: the automobile keeps breaking down inside the warranty time period, the automobile is a safety risk, the car dealership is incapable to rebuild the automobile when it is guaranteed.

If you have a product which is a lemon you can directly write to the original maker and ask for another equivalent product. If this demand is not satisfactory to the original maker, you could start into an arbitration process. A few manufacturing business* incorporate their own arbitration program. Other manufacturing business* employ outside arbitration program like Autoline by the BBB. The recommendation of the arbitrators is binding on the original maker but not on the purchaser. If unsatisfied with the proposition, the purchaser can take the original maker to court.

Virtually all regulations state that the owner must be returned back to the financial status they were in prior to purchasing the automobile, less the sum that the owner benefited from by using the automobile. To get the repayment sum various elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new used automobiles might qualify under basic lemon laws. For example, a pre-owned automobile may fall under normal lemon laws if it is less than 1 year old and has got fewer than 12,000 miles on the odometer. States that do have a used car lemon law might be additionally accommodative with the age and measure of mileage. Still, the car must be sold by a dealership that offers a warranty. Individual sales aren't included, nor are motor vehicles sold under a stated purchase price. There may be other restrictions to a used car lemon law such as the purposes in which the automobile is used or the categorisation of automobile. Older motor vehicles, are commonly excluded from used car lemon laws. Used car lemon laws normally cover a much shorter time period than new car ordinances. They usually range from 30 to 90 days, depending on your used automobile's mileage.
When picking out an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that are applicable to your state. Also enquire about the fee system. Many lemon law attorneys take a rather minor retainer to handle a lemon law claim, and subsequently, the attorney's bills are charged to the maker. Thus, lemon law claims are typically very low-cost to customers. The reimbursement of attorney invoices varies from state to state. About half of the states permit you to recover your Lawyer charges if you win. The attorney's fee is based upon actual time used rather than being tied to any other portion of the recovery. In many States, you will pay the manufacturing business* lawyer's charges if you lose.

Consumers ought to record their charges in writing and save a copy. In every written communication, always make clear how difficult it is to take the auto to the car dealership for work and that the dependability that the consumer thought He was purchasing has been non-existent. Any written communication with a dealership or maker needs to be sent using certified postal service. In many instances the manufacturing business* claim that they haven't had the necessary number of tries to fix the condition. They depend on the reality that the consumer doesn't retain repair receipts for each occurance they have taken the vehicle into the authorized repair facility. They also assume on the possibility that the repair receipts have seperate parts fixed every instance establishing that they haven't repaired the same defect. Consumers should respond by requiring that authorized dealerships always present them a warranty repair ticket. Consumers ought to also argue that these unwritten visits are tries.

Make sure to be mindful of your rights under the lemon laws. Upon purchase, immediately read your owner's manual and warranty principles thoroughly, and the reference on lemon law rights that you ought to get when you buy your vehicle. Don't count on your dealership to make clear what problems are covered by warranty. If your dealership states that a defect is not covered and you think that she is decieving you, be genteel but surefooted. Don't be scared to point out the segment of the warranty that applies, or to call the manufacturer for substantiation utilizing the contact information included inside your owner's manual. You should not be obligated pay for work linked to lemon law complaints. It's also essential to give notice the manufacturer of a complaint as soon as possible. If you suspect that your vehicle has a condition what just can't be fixed, 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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