LEMON LAW DEMAND LETTER

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY - SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

[DATE]

[MANUFACTURER NAME]
ATTN: Customer Relations / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]

[DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, STATE ZIP]

Re: LEMON LAW DEMAND - STATUTORY NOTICE
Consumer/Owner: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [VEHICLE IDENTIFICATION NUMBER]
Purchase/Lease Date: [DATE]
Current Mileage: [MILEAGE]

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") in connection with the purchase/lease of the above-referenced vehicle, which qualifies as a "lemon" under applicable state law and the federal Magnuson-Moss Warranty Act. This letter constitutes formal notice of our Client's claim and demand for repurchase or replacement of the defective vehicle.

I. INTRODUCTION AND PURPOSE

This letter serves multiple purposes:

1. Statutory Pre-Suit Notice: This letter constitutes the notice required under [STATE] Lemon Law, [CITE STATE STATUTE], and provides [MANUFACTURER] the opportunity to cure the defects or arrange for repurchase/replacement as required by law.

2. Magnuson-Moss Notice: This letter provides notice under the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq.

3. Demand for Relief: This letter demands that [MANUFACTURER] repurchase or replace the defective vehicle and provide all statutory remedies to which our Client is entitled.

4. Evidence Preservation: This letter requires preservation of all documents and records related to our Client's vehicle.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

A. Manufacturer's Warranty

B. Extended Warranty/Service Contract

IV. DEFECT DESCRIPTION

A. Nature of Defect(s)

The vehicle suffers from the following substantial defect(s) or nonconformity(ies) that substantially impair its use, value, and/or safety:

PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS - noises, warning lights, performance issues, etc.]
- Safety Impact: ☐ Yes ☐ No - [IF YES, DESCRIBE SAFETY CONCERN]
- Use Impairment: [HOW DEFECT AFFECTS VEHICLE USE]
- Value Impairment: [HOW DEFECT AFFECTS VEHICLE VALUE]

ADDITIONAL DEFECT(S):
[REPEAT FORMAT FOR EACH ADDITIONAL DEFECT]

B. Defect Classification

☐ Serious Safety Defect - Defect that creates a risk of death or serious bodily injury
☐ Substantial Impairment of Use - Defect that significantly affects the ability to use the vehicle for its intended purpose
☐ Substantial Impairment of Value - Defect that significantly reduces the market value of the vehicle
☐ Multiple Nonconformities - Vehicle has multiple defects that collectively substantially impair use, value, or safety

V. REPAIR HISTORY

Our Client has presented the vehicle for repair of the identified defect(s) on the following occasions:

Repair Attempt #1

Repair Attempt #2

Repair Attempt #3

Repair Attempt #4

[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]

Summary of Repair Attempts

VI. LEMON LAW QUALIFICATION

A. State Lemon Law Presumption

Under [STATE] Lemon Law, [CITE STATUTE], a vehicle is presumed to be a lemon if:

☐ Repair Attempt Threshold Met:
[STATE] law creates a presumption when the same nonconformity has been subject to repair [NUMBER] or more times. Our Client's vehicle has been subject to [NUMBER] repair attempts for the same defect, exceeding the statutory threshold.

☐ Safety Defect Threshold Met:
For defects likely to cause death or serious bodily injury, [STATE] law creates a presumption after [NUMBER] repair attempts. Our Client's vehicle has a serious safety defect that has been subject to [NUMBER] repair attempts.

☐ Days Out of Service Threshold Met:
[STATE] law creates a presumption when a vehicle has been out of service for repair for a cumulative total of [NUMBER] days or more. Our Client's vehicle has been out of service for [NUMBER] days, exceeding the statutory threshold.

B. Magnuson-Moss Warranty Act

In addition to state lemon law claims, our Client has claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq., which provides:

• Right to sue for breach of written warranty, implied warranty, or service contract
• Recovery of damages and equitable relief
• Mandatory attorney's fees for prevailing consumers
• No minimum damage requirement when action involves written warranty

VII. NOTICE OF PRIOR MANUFACTURER CONTACT

Our Client has previously contacted the manufacturer regarding these defects:

VIII. ARBITRATION CONSIDERATION

[SELECT APPLICABLE]:

☐ Pre-Arbitration Notice: [STATE] law requires that the consumer provide the manufacturer with written notice and an opportunity to cure before pursuing arbitration or litigation. This letter constitutes that notice. You have [NUMBER] days from receipt to cure the defects or offer repurchase/replacement.

☐ Arbitration Prerequisite: [STATE] law requires consumers to first submit claims to the manufacturer's certified arbitration program before filing suit. Our Client will submit to arbitration if this demand is not satisfactorily resolved, but reserves all rights under the Magnuson-Moss Warranty Act and state law.

☐ Arbitration Optional: [STATE] law does not require arbitration as a prerequisite to litigation. However, our Client is willing to discuss resolution through the manufacturer's dispute resolution program if a fair resolution is offered promptly.

☐ Binding Arbitration Rejected: Our Client does not consent to binding arbitration and expressly reserves the right to jury trial on all issues.

IX. DEMAND FOR RELIEF

Pursuant to [STATE] Lemon Law and the Magnuson-Moss Warranty Act, we hereby demand:

A. Primary Relief (Choose One)

☐ REPURCHASE/REFUND

Our Client elects repurchase and demands payment of the following:

Note: The mileage offset should be calculated as: (Purchase Price) x (Miles at First Repair Attempt) / (120,000) or as otherwise provided by [STATE] law.

☐ REPLACEMENT

Our Client elects replacement with a new, comparable vehicle of the same make, model, model year, and similarly equipped, at no additional cost to our Client.

B. Additional Relief

In addition to the primary relief, our Client demands:

1. Civil Penalties: If the manufacturer's failure to repurchase or replace was willful, our Client is entitled to civil penalties of up to [2x/3x per state law] the actual damages under [STATE] Lemon Law.

2. Attorney's Fees and Costs: Mandatory under both the Magnuson-Moss Warranty Act (15 U.S.C. Section 2310(d)(2)) and [STATE] Lemon Law.

3. Loan/Lease Payoff: If our Client owes money to a lienholder, the manufacturer must pay off the remaining balance as part of the repurchase.

4. Title Transfer: Upon repurchase, the manufacturer must accept surrender of the vehicle and all related documents.

5. Credit Reporting: The manufacturer must ensure no negative credit reporting results from this transaction.

X. DOCUMENTS REQUIRED FROM MANUFACTURER

Within fourteen (14) days, please provide:

1. All repair orders and service records for the vehicle
2. All technical service bulletins (TSBs) related to the defect
3. All warranty claims submitted for the vehicle
4. All customer complaints in your database regarding similar defects
5. All communications regarding this vehicle
6. Field service action history
7. Your calculation of any use offset
8. Your position on this demand

XI. PRESERVATION OF EVIDENCE

You are directed to preserve all documents and records relating to this vehicle and similar defects, including but not limited to:

• All repair orders, warranty claims, and service records
• All technical service bulletins and recalls
• All customer complaints regarding similar defects in same make/model vehicles
• All engineering analysis and investigation reports
• All communications between dealer and manufacturer
• All training materials regarding the defect
• All warranty coverage decisions
• The vehicle itself (do not destroy, sell, or alter)

XII. RESPONSE DEADLINE

Please respond to this demand in writing within [STATE STATUTORY PERIOD OR 30] days of the date of this letter. Your response should include:

1. Your position on whether the vehicle qualifies as a lemon
2. Your offer, if any, for repurchase or replacement
3. Your calculation of the refund amount
4. Any documents you believe support your position

If we do not receive a satisfactory response, we are authorized to:

☐ Submit this matter to manufacturer arbitration (if required by state law)
☐ File suit in the appropriate state or federal court
☐ Report this matter to the [STATE] Attorney General and Department of Motor Vehicles
☐ Pursue all other available legal remedies

XIII. JURY TRIAL DEMAND

Should litigation become necessary, our Client will demand a trial by jury on all issues so triable.

XIV. DISCLAIMER OF WAIVER

This demand is made without prejudice to any and all rights and remedies available to our Client under federal and state law, all of which are expressly reserved. Nothing in this letter shall constitute a waiver of any claims or defenses.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
☐ Copies of all repair orders
☐ Copy of purchase/lease agreement
☐ Copy of warranty booklet
☐ Vehicle registration
☐ Loan/lease payment history
☐ Photographs/videos of defect
☐ Correspondence with dealer/manufacturer
☐ Authorization to represent

cc: [CONSUMER NAME]
[LIENHOLDER, if applicable]
[STATE ATTORNEY GENERAL - Consumer Protection Division]
[STATE DMV - Lemon Law Unit, if applicable]
[CLIENT FILE]

APPENDIX: STATE LEMON LAW QUICK REFERENCE

This template is for informational purposes only and does not constitute legal advice. Lemon laws vary significantly by state. Consult a licensed attorney in your jurisdiction before use.