Tennessee's Repair-Attempt Presumption (3 Attempts / 30 Days OOS)
How Tenn. Code § 55-24-105 establishes 'reasonable number of attempts' — 3-attempt or 30-day OOS thresholds within the 1-year Rights Period.
Under Tennessee Lemon Law (§ 55-24-105), the manufacturer has had a “reasonable number of attempts” to repair when statutory thresholds are met. Once met, the burden shifts to the manufacturer to prove the vehicle is not a lemon.
The two thresholds
Either threshold satisfies the presumption:
- Three or more repair attempts for the same nonconformity within the Rights Period; OR
- 30 or more cumulative calendar days out of service for any nonconformity.
Both apply within the 1-year Rights Period.
The 3-attempt rule — distinctively low
§ 55-24-105 sets a 3-attempt threshold — one attempt fewer than the standard 4-attempt presumption in most states. This makes Tennessee more consumer-favorable than peer states.
Each “attempt” must be:
- At a manufacturer-authorized service facility.
- Documented in a repair order.
- For the same nonconformity (consistent complaint language).
- Within the 1-year Rights Period.
The 30-day OOS rule
§ 55-24-105 provides for 30 or more cumulative calendar days out of service. Counts:
- Days at the authorized dealer for repair.
- Days awaiting parts.
- Days the vehicle was unsafe to drive (with documentation).
Excludes:
- Days the vehicle was driven.
- Days for routine maintenance.
Written notice requirement
§ 55-24-106 requires the consumer to give the manufacturer written notice of the defect and at least one final opportunity to repair before the Lemon Law applies. The notice should:
- Identify the nonconformity.
- Reference the prior repair attempts.
- Demand a final repair opportunity.
- Be sent via certified mail (return receipt requested).
See our how to file a claim guide for the notice template.
Tennessee vs. peer-state thresholds
| State | Attempts | OOS Days |
|---|---|---|
| Tennessee | 3 | 30 calendar |
| Massachusetts | 3 | 15 business |
| Georgia | 1 (safety) / 3 | 30 |
| Virginia | 1 (safety) / 3 | 30 |
| Minnesota | 1 (safety) / 4 | 30 business |
| Connecticut | 4 | 30 calendar |
| North Carolina | 4 | 20 business |
| Colorado | 4 | 30 business |
| Wisconsin | 4 | 30 |
| California | 2 (safety) / 4 | 30 |
| Washington | 4 / 2 (safety) | 30 |
Tennessee’s 3-attempt threshold is among the more consumer-favorable. Joins GA, VA, MA at the 3-attempt tier (with GA and VA having even stronger 1-attempt safety rules).
Bottom line
Tennessee requires 3 attempts or 30 calendar days OOS within the 1-year Rights Period plus written notice of a final repair opportunity. The 3-attempt threshold is consumer-friendly — but the 1-year window forces fast action. Document everything in writing.
Related
Magnuson-Moss Warranty Act in Tennessee
How the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2301) overlays Tennessee's § 55-24-101 Lemon Law and provides federal-court access through D. Tenn. divisions.
Read → ArticleTennessee Lemon Law Statute of Limitations
Tennessee's timing rules — the 1-year Rights Period, the dangerous 1-year TCPA SOL, and the 4-year Magnuson-Moss / UCC backstop.
Read → ArticleTennessee Consumer Protection Act (TCPA)
Tenn. Code § 47-18-101 et seq. — TCPA discretionary treble damages under § 47-18-109(a)(3), mandatory § 47-18-109(e)(1) attorney fees, and the dangerous 1-year SOL.
Read → ArticleTennessee Lemon Law Statute (§ 55-24-101)
Tenn. Code Ann. § 55-24-101 et seq. — the Tennessee Motor Vehicle Warranty Act. Core eligibility, 1-year Rights Period, permissive § 55-24-108 attorney fees.
Read →Think you've got a lemon?
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