DEMAND LETTER – CALIFORNIA LEMON LAW (SONG-BEVERLY)

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, value, or safety: [List].
• Repair attempts/days out of service (attach RO’s): [Dates, dealer, RO#, days each visit].
• Presumption specifics (Civ. Code § 1793.22):
• [ ] Four or more repair attempts for the same nonconformity; OR
• [ ] Two or more attempts for a defect likely to cause death/serious bodily injury; OR
• [ ] Thirty (30) or more cumulative days out of service.
• Used vehicle with dealer warranty (Civ. Code § 1795.5): [Yes/No].

2. LEGAL BASIS

• Song-Beverly Consumer Warranty Act, Civ. Code §§ 1793.2(d), 1794. Manufacturer had a reasonable number of attempts and failed to conform the vehicle to warranty.

2.5 CIVIL PENALTY

• If [MANUFACTURER] willfully fails to comply, Consumer is entitled to a civil penalty up to two times actual damages under Civ. Code § 1794(c).

3. DEMAND FOR REPURCHASE OR REPLACEMENT

• Election: [Repurchase / Replacement].
• Repurchase calculation (Civ. Code § 1793.2(d)(2)(B)):
• Cash price/down payment: [$]
• Loan payoff to [LENDER]: [$] (or, if lease: lease payments made [$] + fees; adjust for residual per § 1793.2(d)(2)(B))
• Sales/use tax: [$]
• Registration, license, official fees: [$]
• Optional equipment/accessories/collateral charges: [$]
• Incidental/consequential damages (towing, rental, etc.): [$]
• Subtotal: [$]
• Less mileage offset: ( [miles at first repair] ÷ 120,000 ) × [price] = [$]
• Total demanded: [$]
• If replacement elected: comparable vehicle plus reimbursement of incidental/consequential damages; manufacturer to pay registration/taxes/fees and address lien/residual payoff directly.

4. RESPONSE DEADLINE

• Provide written acceptance and logistics for repurchase/replacement within [30] days. Time is of the essence.

5. ATTORNEYS’ FEES

• Fees and costs recoverable under Civ. Code § 1794(d); demand includes fees and costs to be determined.

6. 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]