Breach of Warranty Demand Letter - California

CALIFORNIA BREACH OF WARRANTY DEMAND LETTER

Sender: [LAW FIRM OR CLAIMANT NAME]

Address: [ADDRESS]

Telephone / Email: [PHONE / EMAIL]

Date: [__/__/____]

Delivery method: [CERTIFIED MAIL / EMAIL / OTHER AGREED METHOD]

To: [MANUFACTURER OR SELLER NAME AND ADDRESS]

Copy to: [OTHER RELEVANT PARTY, IF ANY]

Re: Warranty demand for [PRODUCT / MODEL / SERIAL NUMBER]

Buyer: [BUYER NAME]

Seller: [SELLER NAME]

Manufacturer: [MANUFACTURER NAME]

Purchase or lease date: [__/__/____]

Dear [RECIPIENT NAME]:

[I represent BUYER NAME / I am BUYER NAME] regarding the product identified above. [BUYER NAME] purchased or leased it from [SELLER] for $[AMOUNT] on [DATE]. The applicable warranty documents are enclosed. This letter gives notice of the identified nonconformity and requests the remedy stated below.

Product and warranty basis

Product category: ☐ Goods sold by a merchant ☐ Covered consumer goods ☐ Qualifying new motor vehicle ☐ Other: [DESCRIBE]

For a Song-Beverly consumer-goods claim, the product must meet the definition in Cal. Civ. Code § 1791(a). State why it does: [NEW PRODUCT OTHER THAN CLOTHING OR CONSUMABLES, OR QUALIFYING ASSISTIVE DEVICE; PERSONAL, FAMILY, OR HOUSEHOLD USE; SALE OR LEASE DETAILS].

Warranty basis (select and complete only those supported by documents and facts):

☐ Seller's express warranty under Cal. Com. Code § 2313: [QUOTE FACTUAL PROMISE, DESCRIPTION, OR SAMPLE/MODEL THAT BECAME PART OF THE BASIS OF THE BARGAIN].

☐ Seller's implied merchantability warranty under Cal. Com. Code § 2314: [IDENTIFY SELLER'S MERCHANT STATUS, ORDINARY PURPOSE, NONCONFORMITY, AND ANY EXCLUSION OR MODIFICATION].

☐ Seller's implied fitness warranty under Cal. Com. Code § 2315: [IDENTIFY PARTICULAR PURPOSE, SELLER'S REASON TO KNOW IT, BUYER'S RELIANCE, AND NONCONFORMITY].

☐ Manufacturer's and retail seller's implied merchantability warranty for covered consumer goods under Cal. Civ. Code §§ 1791.1(a), 1792: [STATE HOW THE PRODUCT FAILS THE STATUTORY STANDARD AND ADDRESS ANY APPLICABLE DISCLAIMER].

☐ Manufacturer's express warranty for covered consumer goods: [QUOTE WRITTEN TERMS, COVERAGE PERIOD, AND NONCONFORMITY].

Nonconformity and repair history

The product does not conform because [SPECIFIC DEFECT, DATE DISCOVERED, EFFECT ON ORDINARY OR WARRANTED USE]. The buyer notified [PARTY] on [DATE] by [METHOD].

The product remains nonconforming after [NUMBER] repair attempts because [FACTS]. Copies of the purchase record, warranty, notices, and repair orders are enclosed as [EXHIBITS].

Requested remedy

Select the applicable route and delete the others before sending.

☐ Seller warranty claim: For the warranty identified above, [BUYER] requests [SPECIFIC REPAIR, REPLACEMENT, REFUND, OR DAMAGES] under [IDENTIFY APPLICABLE COMMERCIAL CODE OR CONTRACT REMEDY AND FACTUAL BASIS].

☐ Consumer goods under Cal. Civ. Code § 1793.2(d)(1): If the manufacturer or its representative has not conformed goods covered by an applicable express warranty after a reasonable number of attempts, the manufacturer must replace them or reimburse the buyer for the price paid less use before discovery of the nonconformity. [BUYER] requests [REPLACEMENT / REIMBURSEMENT], calculated as [PURCHASE PRICE, ALLOWABLE USE, AND RESULT].

☐ Qualifying new motor vehicle under Cal. Civ. Code § 1793.2(d)(2): After a reasonable number of unsuccessful repair attempts, [BUYER] requests [RESTITUTION / REPLACEMENT]. If requesting restitution, [BUYER] elects restitution instead of replacement. The requested amount is $[AMOUNT], calculated from [PRICE PAID OR PAYABLE, APPLICABLE COLLATERAL CHARGES AND INCIDENTAL DAMAGES, AND THE STATUTORY USE OFFSET, IF APPLICABLE]. If relying on the rebuttable presumption in § 1793.22(b), state the qualifying facts and any required manufacturer notice or dispute-process steps: [DETAILS].

Other claimed loss: [ITEMIZE ACTUAL OR INCIDENTAL LOSS, AMOUNT, AND LEGAL BASIS; AVOID DUPLICATING THE REFUND OR REPLACEMENT MEASURE].

Under Cal. Civ. Code § 1794(c), a court may include a civil penalty up to twice actual damages if a covered buyer proves a willful violation; that subsection excludes class actions and claims based solely on implied warranty. A separate penalty under § 1794(e) for a qualifying new-motor-vehicle claim has its own conditions, including the notice and cure rules in § 1794(e)(3)-(4), and cannot be recovered for the same violation if the buyer recovers a penalty under § 1794(c). [STATE WHICH PENALTY IS CLAIMED AND ITS FACTUAL BASIS, OR DELETE THIS PARAGRAPH].

Under Cal. Civ. Code § 1794(d), a buyer who prevails in an action may recover court-determined reasonable costs and attorney's fees incurred in that action. The parties may resolve fees by agreement in a settlement; our requested settlement amount for fees and costs is $[AMOUNT OR NONE], supported by [DETAILS].

Deadline and response

Please respond in writing by [__/__/____] to [CONTACT AND DELIVERY ADDRESS]. This is the buyer's requested response date. If you disagree, identify the relevant warranty language, repair history, and proposed resolution. Preserve the product, warranty records, repair records, and correspondence relevant to this demand.

For a contract-for-sale claim, Cal. Com. Code § 2725 generally measures four years after accrual; an original agreement may shorten that period to no less than one year, and an explicit future-performance warranty has a different accrual rule. The applicable filing date for this buyer's claim should be determined from [DELIVERY DATE, WARRANTY LANGUAGE, CLAIM TYPE, AND ANY TOLLING FACTS]. This letter does not extend a filing deadline.

[BUYER] reserves the claims and remedies supported by the applicable contract and law. Please direct your response to [CONTACT].

Sincerely,

Signature: ______________________________

Printed name and role: [NAME / ROLE]

Enclosures: ☐ Purchase or lease record ☐ Warranty ☐ Repair orders ☐ Notice records ☐ Loss calculation ☐ Other: [DETAILS]