Delaware's Repair-Attempt Presumption (4 Attempts / 30 Calendar Days)

Delaware presumes a “reasonable number of attempts” under Del. Code tit. 6 § 5004 when one of two thresholds is met within the coverage window (the warranty period or one year from delivery, whichever is earlier) — after the consumer has given prior written notice to the manufacturer.

The two thresholds

Test	Threshold
Same nonconformity, repair attempts	4 or more (and it persists)
Cumulative calendar days out of service	more than 30

Either threshold, met within the coverage window, raises the presumption.

No one-attempt safety rule

Unlike Maine and Idaho (one attempt for a serious braking/steering failure) or Hawaii (one attempt for any serious safety defect), Delaware has no reduced threshold for serious defects — every defect must reach 4 attempts or more than 30 calendar days. A safety defect still strengthens the overall case.

The written-notice prerequisite

The presumption does not apply against a manufacturer unless it has received prior direct written notification from or on behalf of the consumer and has had an opportunity to repair the nonconformity (§ 5004(b)). Send written notice and keep proof.

The 30-day count and force-majeure tolling

The 30-day out-of-service count begins on the first day the consumer presents the vehicle for service of the nonconformity with a written document describing it. The count is extended only if repairs can’t be performed due to conditions beyond the manufacturer’s control — war, invasion, strike, fire, flood, or other natural disaster (§ 5004(a)). Track every day the vehicle sits at the shop.

No mileage limit

Delaware’s coverage window is purely a time clock — the warranty period or one year — with no mileage cap. So unlike high-mileage-cap states, the presumption doesn’t slam shut at a fixed odometer reading; the catch is the short one-year window. See statute of limitations.

What counts as a repair attempt

• Vehicle was at the manufacturer, its agent, or an authorized dealer, documented by a written repair order.
• The same nonconformity persists.
• “No problem found” visits count if the defect was reported.
• Independent-mechanic visits and routine maintenance don’t count.

Bottom line

Four same-defect repairs or more than 30 cumulative calendar days out of service — within the warranty-or-one-year window, after prior written notice — raises Delaware’s presumption. There’s no one-attempt safety shortcut and no mileage cap, but the one-year window is short, so document carefully and act promptly.

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