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.

Primarily, the Lemon Laws stipulate that if you acquire (and in several states, lease) a new or used car or other vehicle covered by a manufacturer's warranty that does not work as intended, and the original producer just can't repair it despite repeated tries (within a defined time that differs from state to state), or if the motor vehicle is not usable for a set period (usually 30 days) because of its defects, you are qualified to a broad number of costs, inclusive of:

1. Money damages
2. A return of the original money paid
3. A brand new vehicle
In addition, just about all the Lemon Laws (and the Federal Warranty Law) have a fee switching element that states that if you win your case, the manufacturing business or dealership which sold you your lemon is obligated to repay legal invoices.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Although the protections of each state's statute are different, the common state Lemon Law statute affords remedy to a consumer with a impared auto sold with a warranty if:

1. The car dealership or manufacturing business can't actually remedy a specific fault in the motor vehicle after a fair number of repair efforts (typically at least 3);
2. The car cannot be driven for at least 30 days due to problems in the motor vehicle; or
3. The dealership or manufacturing business just can not correct a defect that is a considerable safety risk.

Typically, a faulty automobile is a automobile with a condition or affliction that substantially impares its drivability, marketability, or safety to the consumer and does not maintain the standard of the written warranty. Frequently, the period of time in which the Lemon Laws apply are relatively short; the faults and resulting repair efforts (or out-of-service time period) typically will happen during the first 2-years or 24,000 miles in which the purchaser owns the automobile. However, a number of states have even shorter periods. Also, virtually all states have notification and activation prerequisites, such as wanting the consumer to send off registered mail notice to the original producer of the troubles and affording the dealership an option to remedy the car. Moreover, various states demand that Lemon Law lawsuits be resolved through an arbitration process.

Generally, state Lemon Law regulation codes also apply to leased automobiles and used vehicles purchased whilst under the producers factory warranty. A lot of state Lemon Laws also apply to vehicles other than passenger cars. depending on the consumer's home residence, or the state where the consumer bought the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer products (like electronics)
There are a number of robust resolutions available under the Lemon Laws. American Statesten times, if the original producer just can not repair the motor vehicle, the consumer may either require the original producer to replace the vehicle, or obligate the manufacturer to take the car and payback the price paid along with accompanying costs, such as all fees, towing charges, repair costs, alternative transportation charges and other damages incurred by the consumer as a result of the faults in the car. Another important remedy possible under most Lemon Laws is attorneys' expenses. In many states, if you win in a Lemon Law lawsuit, you do not have to pay any legal bills-the car manufacturing business that sold you your lemon is obligated to pay court bills.

The defendant car manufacturing business can implement several defenses to a Lemon Law claim. The typical statute extends that the original producer is not liable if it can prove that the flaws in question happened due to misuse, carelessness, or the tampering or alteration of a vehicle by somone other than the original maker, its agent, or its authorized dealer. In different words, if the consumer damages his or her own automobile, or the shortcomings were caused by tampering or alterations executed by an unauthorized dealer, the original maker may not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer goods warranties. Signed by Congress in 1975, the Magnuson Moss Act requires makers and marketers of consumer commodities to provide consumers itemized info about warranty coverage. In addition, it regulates both the rights of consumers and the obligations of warrantors under original warranties.

Although the Magnuson Moss Act doesn't call for an car original producer to provide buyers with a warranty, if a warranty is furnished, the Magnuson Moss Act extends several protections for the consumer. The Magnuson Moss Act makes it more easy for consumers to sue for breach of warranty by making breach of warranty an infraction of federal law, and by permitting public consumers to recuperate legal charges and fair attorney's fees.

The Magnuson Moss Act is often effective in a lemon situation where, for some reason, a state Lemon Law claim is not applicable or furthermore unsuited. For instance, contrary to the rather short cycle offered to customers with almost all Lemon Laws, you can register a claim for breach of warranty after the warranty period has passed as long as the defects came about during the warranty period. In addition, although many Lemon Laws restrict their coverage benefits to a narrow number of vehicles, the Magnuson Moss Act is relevant to nearly all consumer goods. The Magnuson Moss Act may also be applicable if you bought or leased a expended vehicle without a manufacturer's warranty, or if the vehicle is covered by a service agreement or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in every state. It is the prime agent of law regulating contracts dealing with the sale of products, including motor vehicles and other items. The UCC offers another legal channel for consumers with lemon problems.

UCC code states that the consumer of a product is entitled to return merchandise that fail in any feature to the agreement. Basically, if your recently purchased item doesn't function as endorsed by the original equipment manufacturer (your written warranty is part of your warranty), you can file a claim citing the UCC in addition to any additional claims you might have.

The time period for taking back a car with the UCC is not limitless. If you detect a deficiency in your automobile inside a reasonable posession period, you can take back the automobile. Unfortunately, brand new vehicles can be typically technically complicated and you might not know whether your automobile conforms to the consumer agreement till after you acquire the automobile and problems start to come up. Basically, if Following this posession time period you don't refuse the automobile, you will be pronounced to have o.K.ed it and will have no claim through the UCC.

The duration of the inspection period is not defined in the statute. State courts determine how long the fair inspection period is based on the purchaser's familiarity and past experience, the purchaser's trouble in exposing the failing, and the purchaser's chance to detect the fault.

In spite of this limit, the UCC says that in certain instances where a consumer is stated to have approved of products (i.e. the fair inspection time period has passed), a consumer may still abrogate his approval of those products where the non-conformity largely cripples the economic value of the products to him. Those cases include situations where it proves challenging to identify the nonconformity or the consumer was assured that the non-conformity would be repaired. Re-stated, the court will pardon the consumer from not rejecting 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 motor vehicle excessively breaks down and you have to keep bringing it back to the dealer for repair under the warranty, the auto lemon law may be your next refuge. The problem ought to be substantial in which it interferes with your driving the automobile or your safety. A automobile stalling often is a substantial problem. This is exactly the type of problem that may impair your driving and your safety. Under the car lemon law you are not required to establish why the auto is stalling, you merely have to show that it is stalling. In essence you need to check into the lemon law in these 3 situations: the auto keeps breaking within the warranty period, the auto is a safety hazard, the car dealership is incapable to repair the auto when it is guaranteed.

If you have a car which is a lemon you can immediately write to the original equipment manufacturer and ask for a replacement car. If this demand is not satisfactory to the original equipment manufacturer, you may move into an arbitration process. A few manufacturing business* use their own arbitration process. Other manufacturing business* have third party arbitration program such as Autoline by the BBB. The judgment of the arbitrators is binding on the original equipment manufacturer but not on the consumer. If unsatisfied with the assessment, the consumer can take the original equipment manufacturer to court.

Virtually all regulations state that the purchaser must be restored back to the financial status they were in prior to purchasing the automobile, less the sum that the purchaser profited from by using the automobile. To get the restitution total various 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 automobiles may qualify under regular lemon laws. For example, a pre-owned auto might fall under regular lemon laws if it is less than 1 year old and has less than 12,000 miles on the odometer. States which do have a pre-owned car lemon law may be more accommodative with the age and amount of mileage. Still, the car needs to be sold by a dealership that provides a written warranty. Private sales are not regulated, neither are vehicles sold under a specific purchase price. There may be additional restrictions to a used car lemon law such as the purposes for which the automobile is utilized or the categorization of automobile. Older cars, are usually excluded from used car lemon laws. Used car lemon laws usually cover a much shorter period than new car regulations. They oftentimes range from 30 to 90 days, depending on your pre-owned car's mileage.
When picking out a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that cover to your state. Also enquire about the fee structure. Many lemon law attorneys assume a relatively small retainer to manage a lemon law claim, and afterward, the attorney's bills are sent to the manufacturing business. Basically, lemon law claims are normally very inexpensive to customers. The reimbursement of attorney bills differs from state to state. About half of the states provide for you to recoup your Attorney invoices if you win. The lawyer's fee is based upon actual time spent rather than being tied to any percentage of the recuperation. In a few States, you will pay the manufacturer's lawyer's fees if you lose.

Consumers should place their charges in writing and hold a copy. In every written correspondence, always outline how problematic it is to bring the vehicle to the dealership for repairs and that the reliableness that the customer believed She was receiving has been non-existent. Any written correspondence with a dealership or manufacturing business should be sent using certified mail. In almost all claims the manufacturing business* claim that they have not had the essential number of attempts to remedy the defect. They count on the knowledge that the customer does not retain repair orders for each occurance they have brought the car into the authorized repair facility. They also count on the fact that the repair orders have seperate things fixed each occurance demonstrating that they haven't repaired the same condition. Consumers ought to respond by requiring that sellers always present them a warranty repair ticket. Consumers must also argue that these undocumented visits are efforts.

Make sure to be mindful of your rights under the lemon laws. Upon purchase, immediately review your owner's book and warranty references entirely, and the information pertaining lemon law rights which you ought to obtain when you buy your automobile. Don't depend on your dealership to show you which troubles are covered by warranty. If your dealership states that a condition is not covered and you think that she is being deceptive, be composed but confident. Don't be frighted to bring out the segment of the warranty that applies, or to call the original equipment manufacturer for verification using the contact information included within your owner's book. You should not be obligated pay for corrections related to lemon law complaints. It's also important to give notice the original equipment manufacturer of a complaint immediately. If you think that your car has a problem that just can not be remedied, check into your lemon law rights to see when you are able to bring 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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