Lemon Law Complaint - Tennessee

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, TENNESSEE

Docket No.: [________________________________]

COMPLAINT FOR RELIEF UNDER THE TENNESSEE MOTOR VEHICLE WARRANTIES LAW

1. PARTIES

1. Plaintiff [PLAINTIFF NAME] is a [purchaser/lessee/transferee/person entitled to enforce the warranty] and resides in [________________________________] County, [State].

2. Defendant [MANUFACTURER LEGAL NAME] is a [corporation/limited liability company/other entity] organized under the laws of [State], with a principal place of business at [________________________________]. Defendant manufactured or assembled the vehicle identified below, or imported it into the United States.

2. JURISDICTION AND VENUE

3. This Court has general jurisdiction under T.C.A. § 16-10-101.

4. This action is transitory. Venue is proper under T.C.A. § 20-4-101 because:

☐ The cause of action arose in this county.

☐ An individual Defendant resides in this county.

☐ Plaintiff and an individual Defendant both reside in this county, and this is the county where the cause of action arose or where both reside.

☐ Another applicable venue statute or court order supports venue: [________________________________].

5. If Count II is retained, 15 U.S.C. § 2310(d)(1)(A) permits a qualifying Magnuson-Moss action in a state court of competent jurisdiction.

3. VEHICLE, WARRANTY, AND COVERAGE

6. The vehicle is a [Year] [Make] [Model], VIN [________________________________] (the “Vehicle”).

7. Plaintiff acquired the Vehicle on [__/__/____] from [Dealer/Lessor] for [purchase price/lease terms]: [________________________________].

8. Plaintiff qualifies as a “consumer” under T.C.A. § 55-24-101(1) because Plaintiff is:

☐ The purchaser, other than for resale.

☐ The lessee under a qualifying written lease.

☐ A transferee during the duration of an applicable express warranty.

☐ Otherwise entitled by the warranty to enforce its obligations.

9. Plaintiff is not a governmental entity or a business or commercial entity that registers three or more vehicles.

10. The Vehicle is covered under T.C.A. § 55-24-101(4). It is a qualifying Class B vehicle or covered Class A motorcycle and is not a motorized bicycle, motor home, lawnmower, garden tractor, recreational or off-road vehicle, or vehicle over 10,000 pounds gross vehicle weight.

11. Defendant issued the express warranty attached as Exhibit [____]. The applicable warranty term was [________________________________].

12. The “term of protection” ended on the earlier of the express-warranty expiration date or one year after original delivery. T.C.A. § 55-24-101(7).

4. NONCONFORMITY AND REPAIR HISTORY

13. During the term of protection, the Vehicle developed the following condition that did not conform to the express warranty: [________________________________].

14. The condition substantially impaired the Vehicle because it:

☐ Rendered the Vehicle unreliable for normal operation.

☐ Rendered the Vehicle unsafe for normal operation.

☐ Reduced its resale market value below the average resale value for comparable vehicles.

15. Plaintiff reported the condition to [Manufacturer/Agent/Authorized Dealer] on [__/__/____], during the term of protection. Under T.C.A. § 55-24-102, the condition was required to be corrected at no charge even if repairs occurred after that term expired.

16. Plaintiff presented the Vehicle for repair as follows:

17. The presumption of a reasonable number of attempts arose under T.C.A. § 55-24-105(a) because, during the term of protection:

☐ The same nonconformity was subject to repair three or more times by Manufacturer or its agents or authorized dealers and still exists.

☐ The Vehicle was out of service by reason of repair for a cumulative total of 30 or more calendar days.

18. On [__/__/____], before proceeding under T.C.A. § 55-24-103, Plaintiff sent Manufacturer written notice by certified mail of the need to correct or repair the nonconformity. A copy and proof of mailing are attached as Exhibit [____]. T.C.A. § 55-24-105(c).

19. Because a condition in T.C.A. § 55-24-105(a) already existed when notice was given, Manufacturer received an additional opportunity, not exceeding 10 days after receipt, to correct or repair the nonconformity.

20. Manufacturer did not conform the Vehicle to the express warranty within that opportunity, and the condition continues to exist.

5. INFORMAL DISPUTE SETTLEMENT PROCEDURE

21. Select the applicable allegation:

☐ Manufacturer did not establish or participate in a procedure meeting T.C.A. § 55-24-106 and did not notify Plaintiff of such a procedure.

☐ Manufacturer notified Plaintiff of a qualifying procedure, and Plaintiff first resorted to it on [__/__/____]. The proceeding ended on [__/__/____], and the decision or completion notice is attached as Exhibit [____].

☐ No procedure was incorporated into the written warranty as a prerequisite to the optional federal claim under 15 U.S.C. § 2310(a)(3).

6. COUNT I — TENNESSEE MOTOR VEHICLE WARRANTIES LAW

22. Plaintiff incorporates the preceding allegations.

23. The nonconformity substantially impairs the Vehicle, and Manufacturer, its agent, or its authorized dealer was unable to conform the Vehicle to the applicable express warranty after a reasonable number of attempts.

24. T.C.A. § 55-24-103(a) requires Manufacturer to replace the Vehicle with a comparable motor vehicle or accept its return and refund the full purchase price.

25. Under T.C.A. § 55-24-103(b):

a. A comparable vehicle is a new vehicle of comparable worth to the same make and model with all options and accessories, with appropriate adjustments for model-year differences.

b. The full purchase price is the actual cost paid by Plaintiff, including collateral charges, less a reasonable allowance for use.

c. The use allowance includes qualifying use before Plaintiff’s first report and qualifying later periods when the Vehicle was not out of service for repair, plus qualifying damage beyond normal wear. The per-mile component may not exceed one-half of the IRS business-mileage rate.

26. If the Vehicle is leased, the refund allocation is governed by T.C.A. § 55-24-104.

27. Plaintiff commenced this action within six months after the later of the express-warranty expiration or one year after original delivery, subject to any tolling during a T.C.A. § 55-24-106 procedure. T.C.A. § 55-24-107.

28. If Plaintiff finally prevails, the Court may allow reasonably incurred costs and expenses, including attorney fees based on actual time expended. T.C.A. § 55-24-108.

29. Plaintiff seeks no double recovery. T.C.A. § 55-24-110 preserves other remedies but limits recovery under this chapter when another state or federal remedy is pursued.

7. COUNT II — MAGNUSON-MOSS WARRANTY ACT (OPTIONAL)

30. Plaintiff incorporates the preceding allegations.

31. The Vehicle is tangible personal property normally used for personal, family, or household purposes and is a “consumer product” under 15 U.S.C. § 2301(1).

32. Manufacturer is a warrantor that provided a “written warranty” within 15 U.S.C. § 2301(5)-(6).

33. Manufacturer failed to comply with an obligation under the written warranty, damaging Plaintiff. Plaintiff seeks damages and other legal or equitable relief permitted by 15 U.S.C. § 2310(d)(1).

34. If Plaintiff finally prevails, the Court may award reasonably incurred costs and expenses, including attorney fees based on actual time expended, unless it determines that an award would be inappropriate. 15 U.S.C. § 2310(d)(2).

8. PRAYER FOR RELIEF

Plaintiff requests judgment for:

A. Replacement of the Vehicle with a comparable motor vehicle or acceptance of its return and payment of the refund required by T.C.A. § 55-24-103;

B. The leased-vehicle refund allocation in T.C.A. § 55-24-104, if applicable;

C. Damages and other relief proved under any retained federal count;

D. Costs and expenses, including attorney fees, that the Court allows under T.C.A. § 55-24-108 and, if Count II is retained, 15 U.S.C. § 2310(d)(2);

E. Lawful interest and other relief the Court determines proper.

9. JURY DEMAND

Under Tennessee Rule of Civil Procedure 38.02, Plaintiff demands a jury trial on each issue triable of right by a jury.

10. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[Attorney Name], BPR No. [____]

[Address]

[City, State ZIP]

[Telephone]

[Email]

Attorney for Plaintiff

11. EXHIBIT INDEX

• Exhibit [____] — Purchase or lease agreement
• Exhibit [____] — Written warranty
• Exhibit [____] — Repair orders and service history
• Exhibit [____] — Certified-mail notice and proof of mailing
• Exhibit [____] — Informal dispute procedure documents, if applicable

SOURCES AND REFERENCES

• Tennessee Courts — Tennessee Code gateway
• T.C.A. § 55-24-101
• T.C.A. § 55-24-103
• T.C.A. § 55-24-105
• T.C.A. § 55-24-107
• Tennessee Courts — Rule 38.02
• GovInfo — 15 U.S.C. § 2301
• GovInfo — 15 U.S.C. § 2310