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 state that if you buy (and in various states, lease) a brand new or used vehicle or other vehicle under warranty that is extremely unreliable, and the original producer cannot restore it even with consecutive efforts (within a stipulated time that fluctuates from state to state), or if the motor vehicle is not usable for a designated time period (often 30 days) because of its problems, you are entitled to a wide range of damages, including:

1. Money damage settlements
2. A return of the purchase cost
3. A new car
In addition, almost all of the Lemon Laws (as well as the Federal Warranty Law) have a fee changing element which states that if you win your case, the original equipment manufacturer or dealership that sold you the lemon is required to pay for court expenses.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has its own Lemon Law statute. Even though the protections of each state's statute differ, the conventional state Lemon Law statute affords assistance for consumers with a dilapidated auto sold with a warranty if:

1. The car dealership or original equipment manufacturer just can not accurately remedy a particular defect in the motor vehicle after a sensible number of repair tries (generally at least 3);
2. The automobile can't be used for at least 30 days due to defects in the vehicle; or
3. The dealer or original equipment manufacturer just can't remedy a fault that is a good safety risk.

Generally, a bad motor vehicle is a motor vehicle with a defect or affliction that substantially impairs its drivability, economic value, or safety to the consumer and doesn't maintain the standard of the written warranty. Often times, the period in which the Lemon Laws are applicable are relatively short; the flaws and ensuing repair efforts (or out-of-service time period) occasionally will take place during the first two-years or 24,000 miles that you own the vehicle. However, a number of states have even shorter periods. Furthermore, virtually all states have notification and activation requirements, such as requiring the consumer to send registered post notice to the original equipment manufacturer of the shortcomings and giving the dealership a chance to correct the automobile. Also, most states necessitate that Lemon Law cases be settled through an arbitration proceeding.

Generally, state Lemon Law regulation codes also apply to leased automobiles and used cars purchased while under the manufacturer's original warranty. A lot of state Lemon Laws also are applicable to cars other than passenger automobiles. based on the customer's state of residence, or the state in which the consumer bought the automobile, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer commodities (such as televisions)
There are many robust remedies available under the Lemon Laws. Typically, if the manufacturer cannot repair the motor vehicle, the consumer can either demand the manufacturer to replace the car, or demand the manufacturer to take back the car and return the original cost together with incidental damages, including all expenses, towing fees, repair costs, associated transportation charges and other damages incurred by the consumer as a result of the problems in the vehicle. Another important relief available under most Lemon Laws is litigation fees. In most states, if you win in a Lemon Law lawsuit, you won't have to pay any laywers' bills-the auto original producer that sold you your lemon is forced to pay your litigation invoices.

The defendant automobile original producer can apply many defenses to a Lemon Law claim. The typical regulation provides that the original producer is not guilty if it can prove that the problems in question persisted due to misuse, neglect, or the tampering or modification of a vehicle by a party other than the original maker, an agent, or an authorized repair facility. Put differently, if the consumer breaks his or her own automobile, or the defects were the fault of changing or alterations carried out by an unauthorized party, the original maker could not be liable.


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

Although the Magnuson Moss Act does not require an vehicle manufacturing business to provide buyers with a warranty, if a warranty is supplied, the Magnuson Moss Act extends many protections for the consumer. The Magnuson Moss Act makes it easier for purchasers to sue for breach of warranty by making breach of warranty noncompliance of federal law, and by allowing public consumers to recoup litigation costs and fair attorneys' fees.

The Magnuson Moss Act is often applicable in a lemon case in which, for some reason, a state Lemon Law claim is not applicable or moreover unsuited. For example, unlike the relatively short cycle provided to customers inside many Lemon Laws, you may file a claim for breach of warranty after the warranty period has expired as long as the problems occured during the warranty time period. Moreover, although a few Lemon Laws restrict their coverage to a very specific group of motor vehicles, the Magnuson Moss Act applies to near all consumer goods. The Magnuson Moss Act could also apply if you bought or leased a expended motor vehicle without a manufacturing business warranty, or if the motor vehicle is covered by a third party service contract or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in all 50 U.S. states. It is the main source of law regulating warranties on consumer goods, including cars and other items. The UCC provides an alternative legal route for public consumers with lemon troubles.

UCC code provides that the buyer of a good is entitled to return merchandise which fail in any way to the warranty. Essentially, if your brand new motor vehicle does not work as guaranteed by the original equipment manufacturer (your written warranty is part of your agreement), you may have a claim referencing the UCC in addition to any additional claims you might have.

The period of time for taking back a motor vehicle with the UCC is not unlimited. If you find a deficiency in your vehicle inside a sensible posession time period, you may return the automobile. Unfortunately, new vehicles are often mechanically complicated and you may not know whether your automobile conforms to the warranty till after you purchase the automobile and problems begin to come up. In essence, if Following this posession period you fail to take back the automobile, you will be said to have accepted it and may have no claim through the UCC.

The duration of the inspection period is not specified in the regulation. Local courts determine how long the sensible inspection period is based on the buyer's proficiency and personal experience, the buyer's trouble in revealing the deficiency, and the buyer's chance to observe the failing.

In spite of this limit, the UCC says that in certain examples where a consumer is deemed to have approved of products (i.e. the sensible inspection time period has passed), a consumer can still disclaim his favorable reception of those products where the non-conformity frequently impairs the economic value of the products to him. Those examples include instances in which it proves arduous to discover the nonconformity or the consumer was promised that the non-conformity would be fixed. In different words, the court will excuse the consumer from not refusing the products 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 breaks and you have to keep bringing it back to the dealer for repair under the warranty, the motor vehicle lemon law may be your next recourse. The defect should be significant where it hinders your driving the automobile or your safety. A automobile stalling often would be a significant defect. This is precisely the type of defect that can diminiah your driving and your safety. Under the auto lemon law you are not expected to show why the auto is stalling, you only have to establish that it is stalling. In essence you need to check over the lemon law in these three situations: the auto keeps breaking within the warranty time period, the auto is a safety risk, the car dealership is unable to rebuild the auto when it is guaranteed.

If you own a vehicle which is a lemon you can directly write to the maker and ask for a replacement vehicle. If this requirement is not acceptable to the maker, you can start into an arbitration process. A few manufacturing business* incorporate their own arbitration process. Other manufacturing business* employ external arbitration program including Autoline by the Better Business Bureau. The judgment of the arbitrators is binding on the maker but not on the consumer. If unsatisfied with the proposition, the consumer can take the maker to court.

Virtually all laws specify that the owner needs to be returned back to the financial situation they were in before they purchased the motor vehicle, less the sum that the owner profited from by using the motor vehicle. 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 nearly new used cars may qualify under normal lemon laws. For example, a pre-owned auto might fall under normal lemon laws if it is less than one year old and has less than 12,000 miles on the odometer. States that do have a used auto lemon law might be additionally generous with the age and amount of mileage. Still, the auto needs to be sold by a dealership that provides a warranty. Private sales are not regulated, nor are vehicles sold under a declared purchase price. There could be other restrictions to a used car lemon law such as the proposes in which the motor vehicle is utilized or the categorization of motor vehicle. Older automobiles, are usually excluded from used car lemon laws. Used car lemon laws commonly cover a much shorter period of time than new car laws. They oftentimes range from 30 to 90 days, based on your used vehicle's mileage.
When finding an attorney for your lemon case, make sure that your lawyer is knowledgeable about the regulations that cover to your state. Also enquire about the pricing structure. Many lemon law attorneys get a relatively humble retainer to cover a lemon law claim, and afterward, the attorney's fees are billed to the original maker. Basically, lemon law claims are commonly very low-cost to public consumers. The reimbursement of attorney fees varies from state to state. About one-half of the states provide for you to recuperate your Lawyer invoices if you win. The lawyer's fee is based upon actual time used rather than being tied to any other percent of the recuperation. In many States, you will pay the manufacturing business* attorney's charges if you lose.

Consumers should put their charges in writing and hold a copy. In all written communication, always outline how taxing it is to take the vehicle to the dealership for corrections and that the reliableness that the owner thought She was getting has been non-existent. Any written communication with a car dealership or original maker needs to be sent using certified mail. In many cases the manufacturing business* claim that they haven't had the necessary number of endeavors to repair the condition. They bet on the knowledge that the owner doesn't file repair sheets for each time they have driven the automobile into the repair facility. They also count on the possibility that the repair sheets have different things repaired every instance proving that they haven't repaired the same condition. Consumers should respond by asking that dealers always grant them a warranty repair sheet. Consumers ought to also indicate that these unrecorded visits are efforts.

Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately scan your owner's book and warranty information entirely, as well as the information on lemon law rights which you should receive when you acquire your vehicle. Don't bet on your dealer to outline which troubles are covered by warranty. If your dealer states that a condition isn't covered and you believe that she is being deceptive, be calm but surefooted. Don't be afraid to produce the part of the warranty that applies, or to call the manufacturer for substantiation applying the contact references included within your owner's book. You should not be obliged pay for work associated to lemon law complaints. It's also essential to advise the manufacturer of a complaint straightaway. If you are suspicious that your motor vehicle has a condition what can't be remedied, go over 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.

Tennessee Cities:
Choose your City/Zipcode