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.

In simple terms, the Lemon Laws specify that if you purchase (and in many states, lease) a new or used vehicle or other vehicle with a manufacturer's warranty that struggles to consistently run after repair attempts, and the original equipment manufacturer can't correct it despite recurrent tries (in a limited time that fluctuates from state to state), or if the product is out of service for a specified time period (often 30 days) due to its shortcomings, you are eligible to a broad number of breaks, including:

1. Monetary damage settlements
2. A payback of the cost
3. A new automobile
Furthermore, just about all the Lemon Laws (and the Federal Warranty Law) have a fee transferring element which stipulates that if you win your case, the manufacturing business or dealership that sold you your lemon is expected to pay litigation expenses.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has its own Lemon Law statute. Although the protections of each state's statute differ, the typical state Lemon Law statute affords relief to a consumer with a impared auto sold with a warranty if:

1. The dealership or manufacturing business just can't correctly repair a specific defect in the automobile after a fair number of repair tries (generally at least 3);
2. The vehicle can't be driven for at least 30 days due to problems in the motor vehicle; or
3. The car dealership or manufacturing business just can't fix a defect that is a threatening safety risk.

More often than not, a faulty car is a car with a problem or affliction that substantially impares its function, economic value, or safety to the consumer and doesn't comply with the warranty. Frequently, the period of time during which the Lemon Laws apply are rather short; the defects and subsequent repair attempts (or out-of-service time period) often must take place during the first 2-years or 24,000 miles the owner has the car. However, a number of states have even shorter time periods. Moreover, virtually all states have notice and initiation prerequisites, such as wanting the consumer to send off registered post notice to the original maker of the troubles and establishing the car dealership a chance to correct the car. Also, several states necessitate that Lemon Law suits be solved through an arbitration system.

Generally, state Lemon Law ordinances also apply to leased cars and used cars purchased whilst under the producers written warranty. A good number of state Lemon Laws also are applicable to vehicles other than passenger automobiles. based on the buyer'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 goods (like electronics)
There are a number of effective resolutions available under the Lemon Laws. Statesten times, if the original maker cannot fix the vehicle, the consumer may either require the original maker to replace the car, or demand the original maker to take back the vehicle and payback the original price paid plus accompanying damages, including all bills, towing costs, repair costs, alternative transportation charges and other costs incurred by the consumer as a result of the flaws in the vehicle. Another important resolution possible under most Lemon Laws is legal expenses. In virtually all states, if you prevail in a Lemon Law case, you won't have to pay any attorneys' bills-the automobile manufacturer that sold you your lemon is required to pay for your attorneys' invoices.

The defendant auto original maker can assert many defenses to a Lemon Law claim. The typical statute affords that the original maker is not guilty if it can verify that the troubles in question came about because of malevolence, forget about, or the modification or tampering of a auto by anyone other than the manufacturer, its agent, or an authorized dealer. Put differently, if the consumer damages his or her own automobile, or the defects were the fault of tampering or alterations conducted by a third party, the manufacturer might not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer product warranties. Signed by Congress in 1975, the Magnuson Moss Act requires makers and marketers of consumer goods to provide consumers with detailed facts about warranty coverage claims. In addition, it affects both the rights of consumers and the obligations of warrantors under original warranties.

Although the Magnuson Moss Act doesn't call for an automobile original equipment manufacturer to provide purchasers with a warranty, if a warranty is furnished, the Magnuson Moss Act extends several protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for breach of warranty by making breach of warranty a violation of federal law, and by permitting consumers to recuperate court charges and fair laywers' fees.

The Magnuson Moss Act is typically relevant in a lemon lawsuit where, for some reason, a state Lemon Law claim is not possible or otherwise unfit. For instance, unlike the rather short period of time provided to purchasers with virtually all Lemon Laws, you can file a claim for breach of warranty after the warranty period has passed if the problems occured during the warranty period. Moreover, although many Lemon Laws limit their coverage benefits to a very specific list of vehicles, the Magnuson Moss Act is relevant to virtually all consumer items. The Magnuson Moss Act may also be applicable if you purchased or leased a expended motor vehicle without a manufacturing business warranty, or if the motor vehicle is covered by a service contract 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 source of law regulating consumer warranties, including vehicles and other items. The UCC affords an alternative legal route for consumers with lemon problems.

UCC code says that the buyer of a product is entitled to return product that break in any sense to the warranty. Essentially, if your brand new vehicle doesn't operate as warranted by the original maker (your manufacturer warranty is part of your consumer agreement), you can file a claim referencing the UCC in addition to any other claims you might have.

The period of time for bringing back a car with the UCC is not limitless. If you detect a gremlin in your vehicle inside a reasonable ownership period, you can reject the automobile. Unfortunately, brand new automobiles can be often mechanically complex and you may not notice whether your product conforms to the consumer warranty until after you purchase the product and problems begin to come up. So, if Following this ownership period you fail to take back the product, you will be stated to have o.K.ed it and will have no claim through the UCC.

The length of the inspection period is not specified in the statute. Courts decide how long the reasonable inspection period is based on the purchaser's proficiency and experience, the purchaser's difficulty in coming upon the gremlin, and the purchaser's opportunity to expose the defect.

In spite of this restriction, the UCC says that in certain examples where a consumer is alleged to have accepted products (i.e. the reasonable inspection time period has elapsed), a consumer may still renounce his acceptation of those products where the non-conformity largely cripples the economic value of the products to him. Those examples include situations in which it is burdensome to see the nonconformity or the consumer was ensured that the non-conformity would be remedied. Put differently, the local court will excuse the consumer from not rejecting the products where the consumer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a vehicle excessively breaks and you have to keep bringing it back to the car dealership for repair under the written warranty, the automobile lemon law may be your next refuge. The failing should be substantive in which it hinders your driving the motor vehicle or your safety. A motor vehicle stalling frequently is a substantive failing. This is exactly the type of problem that may impair your driving and your safety. Under the auto lemon law you are not expected to demonstrate why the car is stalling, you merely have to verify that it is stalling. Put simply you need to check out the lemon law in these 3 instances: the automobile keeps breaking within the warranty time period, the automobile is a safety hazard, the dealer is not able to recondition the automobile when it is guaranteed.

If you have a car which is a lemon you can directly write to the maker and ask for another equivalent car. If this request is not acceptable to the maker, you may enter into an arbitration program. A few manufacturing business* incorporate their own arbitration process. Other manufacturing business* use third party arbitration program such as Autoline by the BBB. The judgment of the arbitrators is binding on the maker but not on the owner. If unsatisfied with the proposition, the owner can take the maker to court.

Virtually all regulations state that the purchaser ought to be returned back to the financial status they were in before they purchased the motor vehicle, less the measure that the purchaser benefited from by using the motor vehicle. To get the repayment 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 pre-owned motor vehicles may qualify under basic lemon laws. For example, a pre-owned automobile 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 pre-owned automobile lemon law might be more cooperative with the age and amount of mileage. Still, the automobile has to be sold by a dealership that offers a written warranty. Individual sales are not governed, neither are cars sold under a stated purchase price. There could be additional restrictions to a used car lemon law such as the proposes in which the motor vehicle is pre-owned or the categorisation of motor vehicle. Older cars, are usually excluded from used automobile lemon laws. Used car lemon laws commonly cover a much shorter time period than new car ordinances. They oftentimes range from 30 to 90 days, based on your pre-owned automobile's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that apply to your state. Also enquire about the fee system. Many lemon law lawyers call for a rather modest retainer to cover a lemon law claim, and afterward, the attorney's invoices are sent to the maker. Therefore, lemon law claims are commonly very inexpensive to consumers. The reimbursement of attorney charges differs from state to state. About one-half of the states provide for you to recover your Lawyer bills if you win. The lawyer's fee is based on actual time logged instead of being attached to any percentage of the recovery. In some States, you have to pay the manufacturer's lawyer's invoices if you lose.

Consumers ought to register their charges in writing and keep a copy. In every written correspondence, always explain how difficult it is to bring the car to the car dealership for corrections and that the dependability that the customer believed He was acquiring has been non-existent. Any written correspondence with a dealership or maker should be sent using certified postal service. In virtually all cases the manufacturing business* claim that they have not had the essential number of attempts to fix the defect. They rely on the knowledge that the customer does not retain repair receipts for each instance they have driven the automobile into the shop. They also bet on the fact that the repair receipts have different parts repaired every time demonstrating that they have not fixed the same defect. Consumers should reply by expecting that authorized dealerships always grant them a warranty repair sheet. Consumers must also contend that these undocumented trips are attempts.

Make sure to be aware of your lemon law rights. Upon purchase, immediately page through your owner's folder and warranty information thoroughly, along with the reference with respect to lemon law rights that you ought to get when you purchase your vehicle. Don't depend on your dealership to show you which problems are covered by warranty. If your dealership states that a defect is not covered and you believe that she is being deceptive, be composed but surefooted. Don't be scared to go over the segment of the warranty that applies, or to call the original maker for confirmation utilizing the contact information included in your owner's folder. You shouldn't be obligated pay for work related to lemon law complaints. It's also necessary to give notice the original maker of a complaint promptly. If you suspect that your motor vehicle has a problem what just can't be repaired, check into your lemon law rights to see when you are able to submit a lemon law complaint.

Lemon Law Tips:

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

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

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

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

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