Lemon Law Complaint - Idaho

IDAHO NEW-MOTOR-VEHICLE WARRANTY PETITION

1. CAPTION

IN THE DISTRICT COURT OF THE [____] JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [________________]

CASE NO. [________________]

COMPLAINT UNDER IDAHO CODE TITLE 48, CHAPTER 9

Consumer alleges:

2. COURT ROUTE AND DEADLINE

Select one route:

• ☐ Route A — Civil enforcement action. Consumer first used Manufacturer's Idaho informal dispute settlement mechanism, or Manufacturer allowed Consumer to commence an action without first using it. This action is filed within three years after original delivery. Idaho Code §§ 48-906(1), 48-909, 48-910.
• ☐ Route B — Consumer's de novo removal or appeal. Consumer applied to the informal dispute settlement mechanism within three years after original delivery, is aggrieved by its final decision, and files this action within three months after that decision. Consumer requests trial de novo under Idaho Code §§ 48-907 and 48-910.
• ☐ Route C — Confirmation of favorable decision. The informal mechanism issued a decision favorable to Consumer. Manufacturer received it on [DATE] and did not apply to remove it within 30 days. Consumer asks the Court to confirm the decision under Idaho Code § 48-907.

3. PARTIES, COURT, AND VENUE

1. Consumer [NAME] resides in [COUNTY, STATE] and [PURCHASED / LEASED / RECEIVED BY QUALIFYING TRANSFER] the Vehicle for [PERSONAL BUSINESS / PERSONAL / FAMILY / HOUSEHOLD] use, not for resale or sublease. Consumer qualifies under Idaho Code § 48-901(1).

2. Manufacturer [NAME] manufactures, assembles, or distributes motor vehicles and meets Idaho Code § 48-901(5).

3. This Court has authority over this action under Idaho Code §§ 48-907 and 48-909.

4. Venue is proper in this County because [STATE THE CURRENT FACTUAL AND LEGAL BASIS].

5. No dealer is named on the Chapter 9 claim because Idaho Code § 48-913 imposes no dealer liability and creates no additional consumer cause of action against a dealer, except for a separate written express warranty made by the dealer.

4. VEHICLE, TRANSACTION, AND COVERAGE

6. The Vehicle is a new [YEAR / MAKE / MODEL], VIN [VIN], originally delivered to Consumer on [DATE] and [SOLD / LICENSED] in Idaho.

7. The transaction and original-delivery documents are attached as Exhibit A. Manufacturer's written express warranty is attached as Exhibit B.

8. The Vehicle is covered under Idaho Code § 48-901(7) and is not:

• a motorcycle or farm tractor;
• a trailer; or
• a motor vehicle with a gross laden weight over 12,000 pounds.

9. Consumer reported each nonconformity alleged below during the earliest-ending of:

• the applicable express-warranty term;
• two years after original delivery; or
• the period ending when the Vehicle reached 24,000 miles.

Idaho Code § 48-902(1).

5. NONCONFORMITIES AND REPAIR DUTY

10. During the coverage window, the Vehicle failed to conform to Manufacturer's express warranty as follows:

11. Consumer reported the nonconformities to Manufacturer, its agent, or its authorized dealer within the period stated in paragraph 9.

12. Under Idaho Code § 48-902(1), Manufacturer, its agent, or its authorized dealer was required to make the repairs necessary to conform the Vehicle to the express warranty even if those repairs occurred after expiration of the warranty term or two-year period.

13. Complete repair records are attached as Exhibit C:

14. After a reasonable number of attempts, the nonconformities continue and impair the Vehicle's use or market value to Consumer.

15. The alleged nonconformities did not result from Consumer's abuse, neglect, or unauthorized modifications or alterations by a person other than Manufacturer, its agent, or its authorized dealer.

6. WRITTEN NOTICE AND OPPORTUNITY TO CURE

16. On [DATE], Consumer gave prior written notification of the alleged defect to [MANUFACTURER / MANUFACTURER'S AGENT / AUTHORIZED DEALER] and provided an opportunity to cure. Idaho Code § 48-903(5).

17. The notice and delivery proof are attached as Exhibit D.

18. If an agent or authorized dealer received the notice, it was required to forward the notice to Manufacturer by certified mail, return receipt requested.

19. Manufacturer had at least one opportunity to cure the alleged defect and did not conform the Vehicle to the applicable express warranty.

7. REASONABLE NUMBER OF ATTEMPTS

20. Select each applicable presumption under Idaho Code § 48-903:

• ☐ Four attempts. The same nonconformity was subject to repair four or more times within the earliest-ending warranty/two-year/24,000-mile period and continues to exist. § 48-903(2)(a).
• ☐ Thirty business days. The Vehicle was out of service by reason of repair for a cumulative total of 30 or more business days during the applicable earliest-ending period. § 48-903(2)(b).
• ☐ Braking or steering failure. A nonconformity causing complete failure of the braking or steering system, likely to cause death or serious bodily injury if driven, was subject to repair at least once within the applicable earliest-ending period and continues to exist. § 48-903(3).

21. Manufacturer had at least one opportunity to attempt repair before Consumer invoked a statutory presumption.

22. Any claimed extension of the express-warranty, two-year, or 30-day period is limited to time when repair services were unavailable because of war, invasion, strike, fire, flood, or another natural disaster. Idaho Code § 48-903(4).

23. Independently of any presumption, the actual repair history establishes a reasonable number of attempts because [STATE FACTS AND SUPPORTING EVIDENCE].

24. If the presumption periods expired, Consumer alternatively alleges that the reasonable attempts occurred within three years after original delivery and that Consumer first reported the nonconformity during the applicable express-warranty term. Idaho Code § 48-903(6).

8. INFORMAL DISPUTE SETTLEMENT MECHANISM

25. Manufacturer was required to operate or participate in an Idaho informal dispute settlement mechanism complying with 16 C.F.R. part 703 and Idaho Code § 48-906.

26. Select the applicable facts:

• ☐ Consumer submitted the dispute to [PROGRAM] on [DATE] before commencing this action.
• ☐ Manufacturer expressly allowed Consumer to commence this action without first using the mechanism.

27. The submission, exchanged evidence, hearing record, and decision are attached as Exhibit E.

28. The mechanism issued its decision on [DATE], and the parties received it on [DATE].

29. Under Idaho Code § 48-907, the decision is nonbinding unless the parties agreed otherwise. The written decision and written findings are admissible as nonbinding evidence without further foundation.

30. For Route B, Consumer seeks trial de novo and files within the deadline stated in Idaho Code § 48-910.

31. For Route C, Manufacturer did not seek removal within 30 days after receipt, and Consumer is entitled to an order confirming the decision under Idaho Code § 48-907.

9. COUNT I — IDAHO CODE TITLE 48, CHAPTER 9

32. Consumer incorporates paragraphs 1 through 31, with all unused alternatives deleted.

33. Consumer is a covered consumer, the Vehicle is a covered motor vehicle, and Consumer timely reported the nonconformities.

34. Manufacturer, its agents, or its authorized dealers could not conform the Vehicle to the applicable express warranty after a reasonable number of attempts.

35. The continuing defects or conditions impair the Vehicle's use or market value to Consumer.

36. Manufacturer violated Idaho Code §§ 48-902 and 48-903 by failing to provide the required repair and [PURCHASER REFUND / PURCHASER REPLACEMENT / LESSEE REFUND] remedy.

37. Consumer was injured by the violation and may enforce Chapter 9 and recover civil-action costs and disbursements, including reasonable attorney fees, under Idaho Code § 48-909. That section does not authorize recovery of attorney fees previously incurred in informal dispute resolution.

10. STATUTORY REMEDY

A. Purchased Vehicle — Idaho Code § 48-903(1)

38. If Consumer purchased the Vehicle, select the requested remedy:

• ☐ A comparable replacement vehicle; or
• ☐ Return and refund. Consumer rejects any offered replacement and exercises the statutory option to require a refund.

39. The purchaser refund includes:

• the amount Consumer paid, including the value of any trade-in, subject to the statutory cap of 105% of Manufacturer's suggested retail price;
• Manufacturer-installed options within the MSRP calculation;
• options or modifications arranged, installed, or made by Manufacturer's agent or authorized dealer within 30 days after original delivery, within the same 105% cap;
• sales or excise tax, license fees, and registration fees; and
• towing and rental-vehicle expenses incurred because the Vehicle was out of service for warranty repair.

40. The statutory use allowance may not exceed the miles attributable to Consumer through the arbitration hearing multiplied by the Vehicle's purchase price and divided by 120,000. Idaho Code § 48-903(1).

41. The refund must be paid to Consumer and any lienholder as their interests appear in Idaho Division of Motor Vehicles records, with an itemized statement of each refunded amount.

B. Leased Vehicle — Idaho Code § 48-904

42. If Consumer leased the Vehicle, Consumer requests the leased-vehicle refund and lease termination authorized by Idaho Code § 48-904, not a replacement vehicle.

43. The lessee remedy includes the statutory pro rata down-payment refund and any qualifying additional charges actually paid by Consumer. The use allowance is the lease payments made through the time of the refund award.

44. Manufacturer must pay the lessor or assignee the early-termination charges plus the residual value stated in the lease. The combined refunds identified in § 48-904 are subject to its 105%-of-original-MSRP cap.

C. Court-Route Relief

45. For Route B, Consumer requests the Chapter 9 remedy after trial de novo.

46. For Route C, Consumer requests confirmation of the favorable informal-mechanism decision.

47. If Manufacturer removed an informal decision in bad faith by asserting a frivolous and costly claim or defense, or an unfounded position solely to delay recovery, Consumer requests the mandatory treble actual damages, costs, and attorney fees authorized by Idaho Code § 48-908.

11. PRAYER FOR RELIEF

Consumer requests judgment:

1. Declaring that Manufacturer violated Idaho Code title 48, chapter 9;
2. Awarding the selected purchaser remedy under Idaho Code § 48-903 or the lessee remedy under § 48-904;
3. Including only the charges and applying only the use allowance and cap authorized by the selected statutory remedy;
4. For Route B, granting appropriate relief after trial de novo;
5. For Route C, confirming the favorable decision under Idaho Code § 48-907;
6. Awarding treble actual damages, costs, and attorney fees if Consumer proves a bad-faith removal under Idaho Code § 48-908;
7. Awarding civil-action costs, disbursements, and reasonable attorney fees under Idaho Code § 48-909; and
8. Granting any further relief the Court deems proper.

12. SIGNATURE BLOCK

Date: [DATE]

Respectfully submitted,

[ATTORNEY NAME]

Idaho Bar No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for Consumer

13. EXHIBIT CHECKLIST

• ☐ Exhibit A — Purchase or lease documents and original-delivery proof
• ☐ Exhibit B — Manufacturer's written express warranty
• ☐ Exhibit C — Complete repair orders and business-day calculation
• ☐ Exhibit D — Written notice, delivery proof, and evidence of opportunity to cure
• ☐ Exhibit E — Informal-mechanism submission, exchanged evidence, hearing record, decision, and receipt date
• ☐ Exhibit F — Evidence of continuing nonconformity and impairment of use or market value
• ☐ Exhibit G — MSRP, payment, trade-in, option or modification, tax, fee, towing, rental, mileage, lien, lease, lessor, and offset records supporting the selected remedy

14. SOURCES AND REFERENCES

• Idaho Legislature — Idaho Code § 48-901
• Idaho Legislature — Idaho Code § 48-902
• Idaho Legislature — Idaho Code § 48-903
• Idaho Legislature — Idaho Code § 48-904
• Idaho Legislature — Idaho Code § 48-906
• Idaho Legislature — Idaho Code § 48-907
• Idaho Legislature — Idaho Code § 48-908
• Idaho Legislature — Idaho Code § 48-909
• Idaho Legislature — Idaho Code § 48-910
• Idaho Legislature — Idaho Code § 48-913