Lemon Law Complaint

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IN THE [CIRCUIT / CHANCERY] COURT FOR
____________________ COUNTY, TENNESSEE
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[Docket No.: ____________]
[Division: ______________]

PLAINTIFF: [FULL LEGAL NAME],
[physical address]

v.

DEFENDANTS: 1. [MANUFACTURER LEGAL NAME],
a [state of formation] corporation,
[registered agent address]

2. [DEALERSHIP LEGAL NAME],
   a [state of formation] [corporation/LLC],
   [principal business address]

COMPLAINT FOR:
(1) VIOLATION OF THE TENNESSEE
NEW MOTOR VEHICLE WARRANTIES ACT
(2) BREACH OF EXPRESS WARRANTY
(3) ANY OTHER RELIEF THE COURT DEEMS JUST

Plaintiff, by and through undersigned counsel, alleges for his/her Complaint against Defendants as follows:

TABLE OF CONTENTS

I. Defined Terms ........................................ 2
II. Parties .............................................. 3
III. Jurisdiction & Venue ................................. 3
IV. Factual Allegations .................................. 4
V. Causes of Action ..................................... 7
Count I – Tennessee Lemon Law ........................ 7
Count II – Breach of Express Warranty ................ 9
VI. Damages & Remedies ................................... 10
VII. Prayer for Relief .................................... 11
VIII. Jury Demand .......................................... 12
IX. Verification ......................................... 12
X. Signature Block ...................................... 13
XI. Certificate of Service ............................... 13

[Page numbers to be added upon final formatting.]

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I. DEFINED TERMS
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For ease of reference, the following capitalized terms have the meanings set forth below when used in this Complaint. Undefined capitalized terms shall have the meanings ascribed to them by applicable law.

1. “Act” or “Tennessee Lemon Law” means the Tennessee New Motor Vehicle Warranties Act, Tenn. Code Ann. Title 55, Chapter 24, together with any implementing regulations and official interpretations.
2. “Arbitration Program” means any manufacturer-sponsored informal dispute settlement mechanism that purports to comply with 16 C.F.R. Part 703.
3. “Authorized Dealer” means a person or entity authorized by the Manufacturer to sell and/or service the Vehicle in Tennessee.
4. “Defect” or “Nonconformity” means a condition or defect that substantially impairs the use, value, or safety of the Vehicle.
5. “Manufacturer” means [MANUFACTURER LEGAL NAME] and any parent, subsidiary, affiliate, successor, or assign.
6. “Repair Attempt” means each discrete visit during which the Vehicle was presented to an Authorized Dealer for correction of a Defect.
7. “Vehicle” means the [YEAR] [MAKE] [MODEL], Vehicle Identification Number (“VIN”) ☐, purchased by Plaintiff on [Purchase Date].

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II. PARTIES
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2.1 Plaintiff [FULL LEGAL NAME] is a natural person residing at [address] in _________ County, Tennessee, and is the purchaser and current owner of the Vehicle.

2.2 Defendant [MANUFACTURER] is a [state] corporation authorized to conduct business in Tennessee and may be served via its registered agent, [name/address].

2.3 Defendant [DEALERSHIP] is a [entity type] organized under the laws of [state] with its principal place of business in _________ County, Tennessee, and may be served via [registered agent/address].

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III. JURISDICTION & VENUE
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3.1 This Court has subject-matter jurisdiction pursuant to Tenn. Code Ann. § 16-10-101 and § 55-24-☐, as the amount in controversy does not exceed the statutory cap of the Vehicle’s purchase price and the action arises under the Act.

3.2 Venue is proper in _________ County under Tenn. Code Ann. § 20-4-101 because (a) Defendants conduct business in this county; (b) the Vehicle was purchased and delivered here; and/or (c) at least one Repair Attempt occurred here.

3.3 No contractual arbitration clause governs this dispute, and the Act does not mandate binding arbitration. To the extent an informal dispute settlement is available, Plaintiff has satisfied all prerequisites by (i) submitting a claim to [Arbitration Program Name] on [Date] and (ii) either obtaining an unfavorable decision or allowing ______ days to elapse without resolution. [If no compliant program exists, state “No Manufacturer-sponsored dispute settlement mechanism certified under 16 C.F.R. § 703 is available; therefore, exhaustion is not required.”]

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IV. FACTUAL ALLEGATIONS
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Purchase & Warranty
4.1 On [Purchase Date], Plaintiff purchased the Vehicle from Defendant [DEALERSHIP] for a total purchase price of $[___], inclusive of taxes and fees.

4.2 The Vehicle was accompanied by the Manufacturer’s comprehensive New Vehicle Limited Warranty covering, inter alia, defects in materials or workmanship for [time/mileage] and by the federally mandated written warranty under 15 U.S.C. §§ 2301–2312.

First Defect Presentation
4.3 On or about [Date], the Vehicle manifested a Nonconformity described as [e.g., “repeated engine stalls while in motion”], substantially impairing its use, value, and safety.

4.4 Plaintiff promptly delivered the Vehicle to an Authorized Dealer for repair. Repair Order (“R/O”) No. ___ noted the complaint but failed to correct the Defect.

Subsequent Repair Attempts
4.5 Between [Date] and [Date], Plaintiff presented the Vehicle for at least ☐ additional Repair Attempts, summarized in the chart below:

4.6 Despite reasonable opportunities to conform the Vehicle, Defendants failed to repair or replace the Vehicle as required by the Act.

Statutory Notice
4.7 On [Date], Plaintiff sent written notice of the persistent Nonconformity to the Manufacturer at the address specified in the warranty booklet, via certified mail return receipt requested (USPS Tracking No. ______________). A true and correct copy of the notice is attached hereto as Exhibit A.

4.8 More than ☐ calendar days have elapsed since receipt of the written notice, satisfying Tenn. Code Ann. § 55-24-[notice section].

Collateral Damages
4.9 As a direct and proximate result of Defendants’ wrongful conduct, Plaintiff has incurred (a) out-of-pocket repair, towing, and rental expenses of approximately $[___]; (b) lost wages of $[___]; and (c) diminution in value of the Vehicle.

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V. CAUSES OF ACTION
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COUNT I – Violation of the Tennessee Lemon Law
(Against Manufacturer)

5.1 Plaintiff realleges paragraphs 1 through 4.9 as if fully set forth herein.

5.2 At all relevant times, the Vehicle qualified as a “new motor vehicle” under the Act.

5.3 The repeated Defects constitute Nonconformities that substantially impair the Vehicle’s use, value, or safety.

5.4 After a reasonable number of Repair Attempts and receipt of proper statutory notice, Manufacturer failed to either (a) accept return of the Vehicle and refund the full purchase price (less a reasonable allowance for use) or (b) replace the Vehicle with a comparable new vehicle.

5.5 Pursuant to Tenn. Code Ann. § 55-24-[remedy section], Plaintiff is entitled to:

(a) A refund not to exceed the Vehicle’s purchase price, including taxes, registration fees, dealer-installed options, and incidental costs;
(b) Alternatively, replacement of the Vehicle with a new, comparable vehicle;
(c) Reasonable attorneys’ fees and litigation costs; and
(d) All other relief the Court deems proper.

COUNT II – Breach of Express Warranty
(Against Manufacturer and Dealership)

5.6 Plaintiff realleges paragraphs 1 through 5.5 as if fully set forth herein.

5.7 Defendants expressly warranted that the Vehicle would be free from defects in materials and workmanship during the warranty period.

5.8 The persistent Nonconformities constitute breaches of that express warranty.

5.9 Plaintiff has complied with all conditions precedent, including timely notice and opportunity to cure.

5.10 As a direct and proximate result of Defendants’ breaches, Plaintiff has suffered damages not exceeding the Vehicle’s value, including but not limited to refund or replacement, incidental and consequential damages, and attorneys’ fees.

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VI. DAMAGES & REMEDIES
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6.1 Plaintiff expressly limits monetary recovery to an amount not exceeding the Vehicle’s original purchase price, plus allowable collateral charges and statutory attorneys’ fees, in accordance with the Act’s liability cap.

6.2 Plaintiff seeks equitable relief in the form of specific performance—i.e., replacement of the Vehicle—or, alternatively, refund of the purchase price.

6.3 Plaintiff also seeks recovery of all incidental and consequential damages, treble or statutory damages where available, prejudgment interest, and post-judgment interest.

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VII. PRAYER FOR RELIEF
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WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendants, jointly and severally, and award the following:

A. Mandatory injunctive relief ordering Manufacturer to replace the Vehicle with a new, comparable vehicle OR, in the alternative, to repurchase the Vehicle for a refund of the full purchase price, inclusive of taxes, fees, and finance charges, less any reasonable allowance for use;
B. Incidental and consequential damages proven at trial;
C. Reasonable attorneys’ fees, expert fees, and litigation costs pursuant to the Act and applicable law;
D. Pre- and post-judgment interest; and
E. Such other and further relief as the Court deems just and proper.

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VIII. JURY DEMAND
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Plaintiff hereby demands a trial by jury on all issues so triable. This demand is made pursuant to Article I, Section 6 of the Tennessee Constitution and Rule 38 of the Tennessee Rules of Civil Procedure.

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IX. VERIFICATION
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I, [PLAINTIFF NAME], declare under penalty of perjury that I have read the foregoing Complaint and that the factual allegations therein are true and correct to the best of my knowledge, information, and belief.

__________________________________
[PLAINTIFF NAME]
Date: ___________________

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X. SIGNATURE BLOCK
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Respectfully submitted,

__________________________________
[ATTORNEY NAME] (BPR No. ________)
[Law Firm Name]
[Street Address]
[City, State ZIP]
Telephone: [___-___-____]
Email: [[email protected]]
Counsel for Plaintiff

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XI. CERTIFICATE OF SERVICE
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I hereby certify that a true and correct copy of the foregoing Complaint was served upon the following parties via [method of service] on this ___ day of __________, 20__:

[Opposing Counsel or Registered Agent Information]

__________________________________
[ATTORNEY NAME]

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