DEMAND LETTER – ALABAMA LEMON LAW
To: [Manufacturer/Distributor/Dealer]
From: [Consumer/Attorney]
Date: [DATE]
Vehicle: [Year/Make/Model/VIN]
Purchase/Lease: [DATE]; Mileage at delivery: [###]; Current mileage: [###]
1. DEFECTS AND REPAIR HISTORY
- Defect(s) substantially impair use, market value, or safety: [List].
- Repair attempts/days out of service (attach RO's): [Dates, dealer, RO#, days each visit].
- Presumption specifics (Ala. Code § 8-20A-2):
- [ ] Three or more repair attempts for the same nonconformity; OR
- [ ] One or more attempts for defect likely to cause death/serious bodily injury; OR
- [ ] Thirty (30) or more calendar days out of service.
- Within 24 months from delivery or 24,000 miles, whichever first.
2. LEGAL BASIS
- Alabama Lemon Law, Ala. Code §§ 8-20A-1 to 8-20A-6. Manufacturer had a reasonable number of repair attempts and failed to conform the vehicle to warranty.
3. DEMAND FOR REPURCHASE OR REPLACEMENT
- Election: [Repurchase / Replacement].
- Repurchase calculation:
- Full purchase price: [$]
- Finance/lease charges: [$]
- Sales/use tax: [$]
- Registration, license, official fees: [$]
- Incidental/consequential damages (towing, rental, etc.): [$]
- Subtotal: [$]
- Less reasonable allowance for use: (miles driven ÷ 100,000) × purchase price = [$]
- Total demanded: [$]
- If replacement elected: comparable new vehicle of same or better class plus reimbursement of incidental costs.
4. MANUFACTURER DISPUTE RESOLUTION
- If manufacturer has a state-certified informal dispute resolution program, consumer must first utilize that process per Ala. Code § 8-20A-4.
- Status: [Program utilized / Not applicable / Pending].
5. RESPONSE DEADLINE
- Provide written acceptance and logistics for repurchase/replacement within [30] days. Time is of the essence.
6. ATTORNEYS' FEES
- Reasonable attorney's fees and costs recoverable under Ala. Code § 8-20A-3.
7. ATTACHMENTS
- Exhibit A: Purchase/lease agreement.
- Exhibit B: Repair orders/invoices.
- Exhibit C: Towing/rental receipts.
- Exhibit D: Prior correspondence/notices.
Signed:
[Name/Attorney]
[Address/Email/Phone]