Qualifying Defects: What Counts as a Lemon in Tennessee

Tennessee’s Lemon Law (§ 55-24-101) covers any “nonconformity” — a defect or condition that substantially impairs the use, market value, or safety of the vehicle and is not the result of consumer abuse.

The “substantially impair” test

Under § 55-24-101, a “nonconformity” must:

1. Substantially impair the use, market value, or safety of the vehicle.
2. Persist after a reasonable number of repair attempts (3 attempts or 30 days OOS).
3. Be covered under the express manufacturer warranty at the time of the first report.
4. Not be caused by consumer abuse, alteration, or unauthorized modification.

The seven defect categories most often qualifying

1. Transmission — Hard shifts, slipping, fluid leaks, total failure.
2. Engine — Stalling, misfires, excessive oil consumption, knocking, failure.
3. Brakes — Pulsation, dragging, ABS failure, soft pedal, premature wear.
4. Electrical — Battery drain, electrical-system warning lights, module failures.
5. Steering & suspension — Pulling, drift, EPS failure, shock failure, alignment failure.
6. Infotainment — Head unit lockup, Bluetooth/CarPlay failure, backup camera failure.
7. EV-specific — Battery degradation, charging failures, regen brake failures.

What does NOT typically qualify

• Cosmetic — paint, trim, leather (unless safety-related).
• Tires, batteries, wear items — not covered under express warranty.
• Modifications by consumer or unauthorized installers.
• Damage from accidents or environmental (hail, flood, tornado).
• Issues outside the 1-year Rights Period that aren’t documented in the Period.

Tennessee climate / geography factors

• Tornado / severe storm exposure — hail damage common in middle TN (Nashville metro), severe storms in west TN.
• Hot humid summers — HVAC stress, condenser corrosion, electrical-connector failures.
• Mountain terrain (E. Tennessee) — Appalachian grades create brake/transmission stress (I-40 through Smoky Mountains, I-75 Jellico Mountain).
• Salt corrosion — winter salt in northern TN and high-elevation east TN.

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The Law: Tennessee Lemon Law, TCPA, and Magnuson-Moss

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