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 specify that if you buy (and in most states, lease) a new or pre-owned car or other vehicle with a manufacturer's warranty that repeatedly breaks down, and the original equipment manufacturer cannot fix it in spite of duplicated attempts (within a designated time limit that varies from state to state), or if the item is out of service for a stipulated period of time (generally 30 days) because of its troubles, you are entitled to a broad number of damages, including:

1. Monetary damage settlements
2. A payback of the cost
3. A brand new automobile
In addition, just about all of the Lemon Laws (as well as the Federal Warranty Law) incorporate a fee transferring component that stipulates that if you win your lawsuit, the manufacturing business or dealership which sold you your lemon is required to repay you for litigation invoices.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Although the protections of each state's statute differ, the standard state Lemon Law statute extends aid for consumers with a malfunctioning automobile purchased with a warranty if:

1. The dealer or manufacturing business can't properly correct a particular deficiency in the item after a fair number of repair efforts (normally at least 3);
2. The motor vehicle cannot be driven for at least 30 days due to problems in the motor vehicle; or
3. The dealership or manufacturing business cannot correct a failing that is a critical safety hazard.

Generally, a faulty motor vehicle is a motor vehicle with a defect or condition that frequently cripples its function, economic value, or safety to the consumer and does not conform to the written warranty. Frequently, the period during which the Lemon Laws apply are relatively short; the flaws and resulting repair attempts (or out-of-service time) occasionally must take place during the first 2-years or 24,000 miles of consumer ownership of the car. However, a number of states have even shorter periods. Furthermore, many states have notice and initiation requirements, such as asking the consumer to send off registered post notice to the original producer of the flaws and affording the dealership a chance to correct the motor vehicle. Moreover, various states require that Lemon Law lawsuits be resolved through an arbitration system.

Generally, state Lemon Law ordinances also apply to leased automobiles and used automobiles purchased whilst under the producers basic warranty. A good number of state Lemon Laws also are applicable to cars other than passenger automobiles. depending upon the buyer's home residence, or the state where the consumer bought the automobile, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer items (like electronics)
There are many powerful remedies possible under the Lemon Laws. U.S. Statesten times, if the original producer cannot correct the car, the consumer can either expect the original producer to replace the vehicle, or insist the original producer to take the automobile and refund the purchase price including accompanying costs, like all bills, towing fees, repair charges, alternative transportation costs and other damages incurred by the consumer as a result of the flaws in the automobile. Another important remedy possible under most Lemon Laws is legal fees. In almost all states, if you win in a Lemon Law case, you will not have to pay any legal charges-the motor vehicle original equipment manufacturer that sold you your lemon is required to pay all of your attorney's charges.

The defendant car original producer can assert many defenses to a Lemon Law claim. The typical statute provides that the original producer is not responsible if it can establish that the flaws in dispute persisted due to malevolence, forget about, or the alteration or tampering of a auto by somone other than the manufacturing business, an agent, or an authorized repair facility. Put differently, if the consumer damages his or her own automobile, or the faults were the fault of tampering or adjustments carried out by a third party, the manufacturing business might not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer product warranties. Signed by Congress in 1975, the Magnuson Moss Act requires makers and vendors of consumer products to give consumers detailed data about warranty coverage claims. Additionally, it regulates both the rights of public consumers and the responsibilities of warrantors under original warranties.

Although the Magnuson Moss Act doesn't require an car maker to provide consumers with a warranty, if a warranty is provided, the Magnuson Moss Act provides numerous protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for not honoring the warranty by making breach of warranty a violation of federal law, and by allowing customers to recoup legal charges and fair attorney's fees.

The Magnuson Moss Act is typically valuable in a lemon case where, for some reason, a state Lemon Law claim is not possible or otherwise unfavorable. For example, divaricate from the relatively short time provided to consumers inside many Lemon Laws, you can record a claim for breach of warranty after the warranty period has passed if the defects occurred during the warranty time period. Additionally, although a few Lemon Laws restrict their coverage benefits to a narrow offering of cars, the Magnuson Moss Act is relevant to near all consumer items. The Magnuson Moss Act could also be applicable if you purchased or leased a used car without a manufacturing business warranty, or if the car is covered by a third party contract or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in every state. It is the principal authority of law regulating product warranties, including vehicles and other items. The UCC offers an alternative legal channel for customers with lemon problems.

UCC code says that the consumer of a good is entitled to return goods that fail in any regard to the consumer warranty. Basically, if your recently purchased car doesn't function as endorsed by the manufacturer (your manufacturer warranty is a portion of your consumer warranty), you may have a claim referencing the UCC in addition to any other claims you might have.

The time for bringing back a vehicle with the UCC is not unlimited. If you expose a problem in your car within a fair ownership period, you can return the motor vehicle. Unfortunately, brand new vehicles can be oftentimes mechanically complicated and you might not know whether your motor vehicle conforms to the consumer agreement till long after you purchase the motor vehicle and problems start to develop. Thus, if After this ownership period you don't return the motor vehicle, you will be stated to have okayed it and might have no claim through the UCC.

The length of the review time period is not outlined in the regulation. Courts determine how long the reasonable review period is based on the consumer's knowledge and personal experience, the consumer's trouble in revealing the problem, and the consumer's opportunity to find the deficiency.

In spite of this limit, the UCC states that in certain examples where a consumer is pronounced to have accepted goods (i.e. the reasonable review time has expired), a consumer can still repeal his approval of those goods where the non-conformity largely impares the economic value of the goods to him. Those instances include examples in which it proves toilsome to come upon the nonconformity or the consumer was assured that the non-conformity would be remedied. In other words, the court will pardon the consumer from not rejecting the goods where the consumer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a vehicle excessively gives out and you have to keep taking it back to the dealer for repair under the written warranty, the auto lemon law can be your next course. The problem should be significant where it hinders your driving the item or your safety. A item stalling frequently is a significant problem. This is exactly the type of problem that could stymie your driving and your safety. Under the automobile lemon law you are not obligated to prove why the motor vehicle is stalling, you only have to show clearly that it is stalling. Essentially you need to go over the lemon law in these 3 examples: the motor vehicle keeps failing inside the warranty time period, the motor vehicle is a safety hazard, the dealer is unable to correct the motor vehicle when it is warranted.

If you have a car which is a lemon you can directly write to the original equipment manufacturer and ask for another equivalent car. If this request is not acceptable to the original equipment manufacturer, you could enter into an arbitration program. A few manufacturers use their own arbitration process. Other manufacturers utilise outside arbitration program like Autoline by the Better Business Bureau. The assessment of the arbitrators is binding on the original equipment manufacturer but not on the consumer. If unsatisfied with the opinion, the consumer can take the original equipment manufacturer to court.

Virtually all regulations provide that the buyer ought to be restored back to the fiscal situation they were in before they purchased the vehicle, less the amount of money that the buyer profited from by using the vehicle. To get the compensation sum various components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new pre-owned automobiles will qualify under normal lemon laws. For example, a pre-owned motor vehicle might fall under regular lemon laws if it is less than one year old and has fewer than 12,000 miles on the odometer. States which do have a used car lemon law might be extra generous with the age and measure of mileage. Still, the car has to be sold by a dealer that offers a warranty. Private party sales are not governed, nor are vehicles sold under a certain purchase price. There may be additional restrictions to a used car lemon law such as the purposes for which the vehicle is utilized or the classification of vehicle. Vintage automobiles, are commonly excluded from pre-owned car lemon laws. Used car lemon laws ordinarily cover a much shorter time period than brand new car regulations. They usually range from 30 to 90 days, depending on your used automobile's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the regulations that cover to your state. Also enquire about the pricing program. Many lemon law lawyers assume a relatively humble retainer to handle a lemon law claim, and thereafter, the lawyer's invoices are charged to the maker. Therefore, lemon law claims are generally very affordable to public consumers. The reimbursement of lawyer bills varies from state to state. About half of the states permit you to recoup your Lawyer fees if you win. The lawyer's fee is based on actual time used instead of being linked to any percentage of the recovery. In some States, you will pay the manufacturer's lawyer's fees if you lose.

Consumers ought to record their complaints in writing and keep a copy. In every written correspondence, always delineate how burdensome it is to bring the vehicle to the dealer for repairs and that the dependability that the owner thought He was getting has been non-existent. Any written correspondence with a dealer or maker ought to be sent using certified mail. In almost all lawsuits the manufacturers claim that they have not had the necessary number of tries to repair the problem. They rely on the knowledge that the owner does not have repair tickets for each instance they have taken the vehicle into the authorized repair facility. They also depend on the fact that the repair tickets have seperate items repaired each period demonstrating that they have not repaired the same defect. Consumers ought to reply by asking that authorized dealerships always present them a warranty repair sheet. Consumers should also debate that these unrecorded visits are tries.

Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately read your owner's binder and warranty info thoroughly, along with the reference pertaining lemon law rights which you ought to get when you acquire your car. Don't bet on your car dealership to tell you which troubles are covered by warranty. If your car dealership states that a defect isn't covered and you believe that she is purposely deceiving you, be polite but self-assertive. Don't be afraid to bring out the part of the warranty that applies, or to call the original producer for confirmation applying the contact information included with your owner's binder. You shouldn't have to pay for repairs related to to lemon law complaints. It's also important to notify the original producer of a complaint immediately. If you believe that your automobile has a defect that cannot be repaired, check into your lemon law rights to see when you are able to file a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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