Tennessee Lemon Law Statute
T.C.A. § 55-24-101
§ 55-24-101. Definitions
As used in this chapter, unless the context otherwise requires:
- “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 the 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;
- “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;
- “Manufacturer” means any person who manufactures or assembles new or unused motor vehicles or, in the case of motor vehicles not manufactured in the United States, the importer of the motor vehicle;
- “Motor vehicle” means a motor vehicle as defined in § 55-1-103, that is sold and subject to the registration and certificate of title provisions in chapters 1-6 of this title in this state, or subject to similar registration and certificate of title provisions in another state, and classified as a Class B vehicle according to § 55-4-111. “Motor vehicle” includes a motorcycle, as defined in § 55-1-103, that is sold and subject to the registration and certificate of title provisions in chapters 1-6 of this title in this state, or subject to similar registration and certificate of title provisions in another state, and classified as a Class A vehicle according to § 55-4-111. “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 pounds (10,000 lbs.) gross vehicle weight;
- “Person” means every natural person, partnership, corporation, association, trust, estate or other legal entity;
- “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;
- “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.
T.C.A. § 55-24-102
§ 55-24-102. Nonconformities, defects or conditions; corrections
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 the term. Any corrections or attempted corrections undertaken by an authorized dealer under 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.
T.C.A. § 55-24-103
§ 55-24-103. Replacement of vehicles; refunds
- 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:
- The nonconformity, defect or condition substantially impairs the motor vehicle; and
- 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.
T.C.A. § 55-24-104
§ 55-24-104. Leased vehicles; refunds.
- 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.
T.C.A. § 55-24-105
§ 55-24-105. Presumptions; extension of time; notice
- It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if:
- The same nonconformity has been subject to repair three (3) or more times by the manufacturer or its agents or authorized dealers, but such nonconformity continues to exist; or
- 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.
T.C.A. § 55-24-108
§ 55-24-108. Costs; attorney fees.
If a consumer finally prevails in any action brought under this chapter, the 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.
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