COMPREHENSIVE LEMON LAW COMPLAINT

Vermont Motor Vehicle Arbitration Act – 9 V.S.A. ch. 115
(Professionally Drafted Litigation Template – Ready for Attorney Customization)

[// GUIDANCE: Replace every bracketed, ALL-CAPS placeholder with matter-specific information. Delete all guidance boxes before filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Jurisdiction and Venue
   3.2 Parties
   3.3 Factual Allegations
4. Representations & Warranties
5. Covenants & Statutory Duties
6. Default & Remedies Sought
7. Risk Allocation Allegations
8. Dispute Resolution Allegations
9. General Provisions
10. Execution Block
11. Verification
12. Certificate of Service

1. DOCUMENT HEADER

STATE OF VERMONT
SUPERIOR COURT — [COUNTY] UNIT
CIVIL DIVISION
Docket No. ___

COMPLAINT FOR VIOLATION OF VERMONT LEMON LAW, BREACH OF WARRANTY, AND RELATED RELIEF
JURY TRIAL DEMANDED

2. DEFINITIONS

For purposes of this Complaint, and solely to ensure clarity and statutory conformity, the following capitalized terms have the meanings below:

“Act” means Vermont’s Motor Vehicle Arbitration (Lemon Law) Act, 9 V.S.A. ch. 115.
“Arbitration Board” means the Vermont Motor Vehicle Arbitration Board established pursuant to the Act.
“Consumer” means the purchaser or lessee identified above who acquired the Motor Vehicle primarily for personal, family, or household purposes.
“Manufacturer” means [MANUFACTURER NAME], including its agents, employees, successors, and assigns.
“Motor Vehicle” means the [YEAR] [MAKE] [MODEL], Vehicle Identification Number [VIN] (the “Vehicle”).
“Nonconformity” means any defect, condition, or combination of conditions that substantially impairs the use, value, or safety of the Vehicle and that arose within the statutory “Warranty Period.”
“Warranty Period” means the earlier of (i) the first [X] miles of operation or (ii) [X] months from the Vehicle’s original delivery date, as set forth in the Act.

[// GUIDANCE: Add/omit definitions to track the precise language of 9 V.S.A. ch. 115 and the factual posture of the case.]

3. OPERATIVE PROVISIONS

3.1 Jurisdiction and Venue

1. This Court has subject-matter jurisdiction under 4 V.S.A. § 31 and the Act because the amount in controversy exceeds the $5,000 small-claims threshold and the claims arise under Vermont law.
2. Venue is proper in this County under V.R.C.P. 3(b) because the Plaintiff resides here, the Vehicle was purchased and delivered here, and substantial events giving rise to the claims occurred here.
3. All pre-suit requirements, including mandatory submission to the Arbitration Board, have been satisfied or legally excused. [// GUIDANCE: Insert date of Board decision or detail why arbitration is unnecessary.]

3.2 Parties

4. Plaintiff [CONSUMER NAME] is a “consumer” as defined by the Act and purchased the Vehicle on [DATE] from Dealer for a total purchase price of $[PRICE].
5. Defendant [MANUFACTURER NAME] designs, manufactures, and warrants Motor Vehicles and does business in Vermont, thereby subjecting itself to personal jurisdiction.
6. Defendant [DEALER NAME] is an authorized retail seller of the Manufacturer and participated materially in the transactions complained of herein.

3.3 Factual Allegations

7. The sales contract and Manufacturer’s written warranty are attached hereto as Exhibit A.
8. Within the Warranty Period, the Vehicle manifested the following Nonconformities:
   a. [ENGINE STALLING DESCRIPTION];
   b. [BRAKE FAILURE DESCRIPTION]; and
   c. Any additional defects listed in Exhibit B (Repair Orders).
9. Plaintiff tendered the Vehicle for repair on at least [NUMBER] separate occasions and it remained out of service for a cumulative [NUMBER] days, exceeding the statutory thresholds for presumption of Nonconformity.
10. Despite these repair attempts, the Nonconformities persist and substantially impair the Vehicle’s use, value, and safety.
11. On [DATE], Plaintiff provided written notice of intent to invoke statutory remedies; Defendants refused to repurchase or replace the Vehicle.

4. REPRESENTATIONS & WARRANTIES

12. Manufacturer expressly warranted that the Vehicle would be free from defects in materials and workmanship during the Warranty Period.
13. These warranties formed part of the basis of the bargain and were communicated to Plaintiff prior to purchase.
14. By failing to conform the Vehicle to its warranties after a reasonable number of repair attempts, Manufacturer breached its express warranties.

5. COVENANTS & STATUTORY DUTIES

15. The Act imposes a statutory duty on the Manufacturer to either (i) replace or (ii) repurchase a nonconforming Motor Vehicle after a reasonable number of repair attempts.
16. Manufacturer further covenanted—by virtue of the written warranty and the Act—promptly to pay collateral charges, taxes, and reasonable incidental damages upon repurchase.

6. DEFAULT & REMEDIES SOUGHT

17. Manufacturer’s failure to comply with its statutory and contractual obligations constitutes a default under the Act.
18. Pursuant to the Act, Plaintiff seeks:
    a. Repurchase of the Vehicle for the full purchase price, including all collateral charges, taxes, title, registration, and finance charges; or, in the alternative, replacement with a comparable new motor vehicle;
    b. Civil penalty / double damages as permitted where the Manufacturer’s failure is willful;
    c. Pre- and post-judgment interest;
    d. Reasonable attorney fees and costs; and
    e. Such additional relief as the Court deems just and equitable.

[// GUIDANCE: Add counts for Breach of Express Warranty and Magnuson-Moss if desired, each in separate numbered sections.]

7. RISK ALLOCATION ALLEGATIONS

19. Any limitation of liability asserted by the Manufacturer that purports to cap recovery below the Vehicle’s full value is void under the Act and Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.
20. The Vehicle’s current fair market value is $[VALUE]; Plaintiff’s total out-of-pocket loss exceeds that amount when incidental and consequential damages are included.

8. DISPUTE RESOLUTION ALLEGATIONS

21. Plaintiff timely filed for relief before the Arbitration Board, obtained a decision dated [DATE], and served that decision on Defendants on [DATE], thereby exhausting mandatory administrative remedies.
22. This Complaint is filed within the limitations period measured from the date of final action of the Board as required by the Act.
23. Plaintiff demands a trial by jury of all issues so triable as a matter of right under Vt. Const. ch. I, art. 12 and V.R.C.P. 38.
24. Nothing herein waives Plaintiff’s right to seek, and this Court’s authority to grant, injunctive relief mandating replacement of the Vehicle should injunctive relief prove more appropriate than monetary damages.

9. GENERAL PROVISIONS

25. Amendment & Relation-Back. Plaintiff reserves the right to amend this Complaint to conform to the evidence pursuant to V.R.C.P. 15.
26. Severability. If any allegation or prayer is adjudged unenforceable, the remainder shall remain in full force.
27. Integration. This pleading supersedes all prior informal demands and communications.
28. Reservation of Rights. All rights not expressly pleaded herein are reserved.

10. EXECUTION BLOCK

Respectfully submitted this ___ day of _, 20.

[ATTORNEY NAME], Esq.
[Vermont Bar No. _____ ]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff

11. VERIFICATION

I, [CONSUMER NAME], swear under oath that I have read the foregoing Complaint, know the contents thereof, and affirm that the allegations are true to the best of my knowledge, information, and belief.

Date: ____

[CONSUMER NAME], Plaintiff

Subscribed and sworn to before me
this ___ day of _, 20.

Notary Public
My commission expires: _____

12. CERTIFICATE OF SERVICE

I certify that on this ___ day of _, 20, I caused a true and correct copy of the foregoing Complaint to be served on the following via [METHOD]:

• [DEFENSE COUNSEL NAME & ADDRESS]

[ATTORNEY NAME]

[// GUIDANCE: Attach Exhibits A (Sales Contract & Warranty), B (Repair Orders), and C (Arbitration Board Decision) before filing. Confirm docketing, filing fee, and service requirements under current Vermont Rules of Civil Procedure and any emergency administrative orders.]