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.

Basically, the Lemon Laws stipulate that if you acquire (and in many states, lease) a brand new or used vehicle or other vehicle with a warranty that is faulty, and the manufacturing business just can not restore it in spite of duplicated attempts (within a defined time limit that varies from state to state), or if the product is out of service for a specified period of time (generally 30 days) due to its troubles, you are entitled to a wide number of breaks, including:

1. Monetary damage settlements
2. A refund of the cost
3. A brand new vehicle
Additionally, just about all the Lemon Laws (as well as the Federal Warranty Law) have a fee transferring element that states that if you win your case, the original maker or car dealership which sold you the lemon is obligated to compensate you for attorneys' 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 differ, the typical state Lemon Law statute extends assistance for consumers with a faulty automobile purchased with a warranty if:

1. The dealership or original maker cannot genuinely remedy a specific flaw in the motor vehicle after a reasonable number of repair tries (usually at least three);
2. The vehicle can't be driven for at least 30 days due to faults in the car; or
3. The car dealership or original maker can't repair a deficiency that is a urgent safety hazard.

Usually, a defective vehicle is a vehicle with a problem or condition that largely degrades its use, marketability, or safety to the consumer and does not comply with the warranty. Typically, the period during which the Lemon Laws are applicable are rather short; the flaws and ensuing repair attempts (or out-of-service time period) occasionally will occur during the first 2-years or 24,000 miles the owner has the car. However, a number of states have even shorter periods. Moreover, almost all states have notice and trigger prerequisites, such as requiring the consumer to give registered post notice to the original equipment manufacturer of the shortcomings and establishing the dealer an option to remedy the automobile. Furthermore, several states demand that Lemon Law claims be solved through an arbitration process.

Generally, state Lemon Law regulation codes also apply to leased automobiles and preowned cars bought whilst under the manufacturing business* basic warranty. A good number of state Lemon Laws also apply to automobiles other than passenger automobiles. depending on the buyer's home residence, or the state in which the consumer bought the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer commodities (like televisions)
There are many effective solutions possible under the Lemon Laws. Statesently, if the original equipment manufacturer just can't fix the motor vehicle, the consumer can either call for the original equipment manufacturer to replace the motor vehicle, or insist the original equipment manufacturer to take the vehicle and refund the price paid plus incidental damages, such as all charges, towing charges, repair charges, associated travel costs and other charges incurred by the consumer as a result of the defects in the vehicle. Another important remedy possible under most Lemon Laws is laywers' expenses. In virtually all states, if you prevail in a Lemon Law suit, you do not have to pay any litigation bills-the automobile manufacturing business that sold you your lemon is expected to pay all of your court expenses.

The defendant automobile original producer can apply assorted defenses to a Lemon Law claim. The typical regulation provides that the maker is not liable if it can demonstrate that the problems in dispute came about because of malevolence, forget about, or the tampering or modification of a auto by anybody other than the original equipment manufacturer, an agent, or an authorized repair facility. In different words, if the consumer dismantles his or her own motor vehicle, or the problems were a consequence of tampering or changes carried out by an unauthorized person, the original equipment manufacturer could not be liable.


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

Although the Magnuson Moss Act doesn't call for an motor vehicle manufacturing business to supply buyers with a warranty, if a warranty is supplied, the Magnuson Moss Act affords a number of protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for breaking the warranty by making breach of warranty a violation of federal law, and by permitting consumers to recoup legal charges and fair laywers' fees.

The Magnuson Moss Act is often effective in a lemon situation where, for some reason, a state Lemon Law claim is not possible or otherwise unsuited. For example, contrary to the generally short cycle offered to public consumers with most Lemon Laws, you can bring a claim for breach of warranty after the warranty period has expired if the problems occured during the warranty time period. Furthermore, although many Lemon Laws restrict their coverage benefits to a small group of vehicles, the Magnuson Moss Act is relevant to just about all consumer items. The Magnuson Moss Act might also be applicable if you bought or leased a used car without a manufacturing business warranty, or if the car is covered by a third party agreement or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all states. It is the foundational authority of law regulating consumer warranties, including vehicles and other items. The UCC affords another legal route for public consumers with lemon problems.

UCC code stipulates that the buyer of a product is entitled to return goods which fail in any feature to the consumer agreement. So, if your brand new motor vehicle doesn't work as warranted by the maker (your manufacturer warranty is a portion of your agreement), you can file a claim referencing the UCC in addition to whatever other claims you may have.

The time for returning a motor vehicle with the UCC is not limitless. If you discover a flaw in your vehicle inside a fair ownership period, you can refuse the motor vehicle. Unfortunately, brand new motor vehicles can be typically technically enigmatic and you might not notice whether your product conforms to the agreement until after you buy the product and problems start to develop. Thus, if After this ownership time period you do not return the product, you will be said to have accepted it and might have no claim through the UCC.

The duration of the review period is not defined in the statute. Courts determine how long the sensible review period is based on the consumer's knowledge and past experience, the consumer's difficulty in seeing the fault, and the consumer's chance to come upon the problem.

In spite of this limit, the UCC stipulates that in certain instances where a buyer is deemed to have approved of goods (i.e. the sensible review period has passed), a buyer may still revoke his acceptance of those products where the non-conformity largely cripples the value of the products to him. Those cases include circumstances in which it was laborious to identify the nonconformity or the buyer was assured that the non-conformity would be repaired. Put differently, the local court will exempt the buyer from not rejecting the products where the buyer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a auto excessively breaks down and you have to keep taking it back to the dealer for repair under the written warranty, the motor vehicle lemon law may be your next course. The deficiency should be significant where it prohibits your driving the motor vehicle or your safety. A motor vehicle stalling for no reason is a significant deficiency. This is precisely the type of problem that could hamper your driving and your safety. Under the car lemon law you are not expected to establish why the motor vehicle is stalling, you just have to prove that it is stalling. In essence you need to check into 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 guaranteed.

If you have a product which is a lemon you can immediately write to the original equipment manufacturer and ask for another equivalent product. If this demand is not acceptable to the original equipment manufacturer, you could start into an arbitration program. A few makers incorporate their own arbitration process. Other makers employ outside arbitration program including Autoline by the BBB. The proposition 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 ordinances state that the buyer should be returned back to the financial status they were in prior to purchasing the automobile, less the amount of money that the buyer benefited from by using the automobile. To get the payback total various elements 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 cars might 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 less than 12,000 miles on the odometer. States that do have a pre-owned motor vehicle lemon law will be additionally generous with the age and amount of mileage. Still, the motor vehicle must be sold by a dealer that extends a written warranty. Private party sales are not governed, nor are vehicles sold under a specific price paid. There may be additional restrictions to a used car lemon law such as the functions for which the automobile is pre-owned or the classification of automobile. Vintage vehicles, are normally excluded from used motor vehicle lemon laws. Used motor vehicle lemon laws ordinarily cover a much shorter period of time than brand new motor vehicle ordinances. They often range from 30 to 90 days, based on your pre-owned vehicle's mileage.
When picking out a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that cover to your state. Also enquire about the fee program. Many lemon law lawyers demand a relatively small retainer to address a lemon law claim, and thereafter, the lawyer's fees are charged to the manufacturer. Therefore, lemon law claims are commonly very low-cost to purchasers. The reimbursement of attorney invoices differs from state to state. About one-half of the states let you to recover your Lawyer expenses if you win. The lawyer's fee is based upon actual time expended rather than being connected to any share of the recovery. In a few States, you will pay the manufacturing business* lawyer's bills if you lose.

Consumers ought to register their concerns in writing and save a copy. In all written correspondence, always describe how difficult it is to return the vehicle to the dealership for corrections and that the reliability that the customer thought He was acquiring has been non-existent. Any written correspondence with a dealer or manufacturer ought to be sent using certified postal service. In almost all lawsuits the makers claim that they have not had the required number of endeavors to correct the problem. They depend on the knowledge that the customer doesn't have repair orders for each time they have taken the motor vehicle into the authorized repair facility. They also count on the fact that the repair orders have different items repaired every occurance showing that they have not repaired the same problem. Consumers ought to reply by expecting that authorized dealerships always grant them a warranty repair sheet. Consumers must also contend that these unwritten trips are tries.

Make sure to be aware of your lemon law rights. Upon purchase, immediately scan your owner's booklet and warranty info thoroughly, as well as the information on lemon law rights which you should receive when you purchase your vehicle. Don't depend on your dealer to describe which problems are covered by warranty. If your dealer states that a problem isn't covered and you believe that he or she is purposely misleading you, be civilized but assertive. Don't be frighted to bring out the segment of the warranty that applies, or to call the original equipment manufacturer for confirmation applying the contact references included within your owner's booklet. You shouldn't have to pay for repairs related to to lemon law complaints. It's also important to give notice the original equipment manufacturer of a complaint immediately. If you believe that your motor vehicle has a problem that just can't be repaired, look 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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