DEMAND LETTER – DELAWARE 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 (6 Del. C. § 5003):
- [ ] Four or more repair attempts for the same nonconformity; OR
- [ ] One or more attempts for defect to steering or brakes likely to cause death/serious bodily injury; OR
- [ ] Thirty (30) or more business days out of service.
- Within first year or 12,000 miles, whichever first.
2. LEGAL BASIS
- Delaware Lemon Law, 6 Del. C. §§ 5001–5009. Manufacturer had a reasonable number of repair attempts and failed to conform the vehicle to warranty.
3. WRITTEN NOTICE (BY CERTIFIED MAIL)
- This letter serves as written notice per 6 Del. C. § 5004, sent via certified mail. Manufacturer has 10 days from receipt for final repair attempt.
4. DEMAND FOR REPURCHASE OR REPLACEMENT
- Election: [Repurchase / Replacement].
- Repurchase calculation:
- Full purchase price: [$]
- Collateral charges: [$]
- Finance charges: [$]
- Sales/use tax: [$]
- Registration, license, official fees: [$]
- Incidental/consequential damages (towing, rental, etc.): [$]
- Subtotal: [$]
- Less reasonable allowance for use per statute: [$]
- Total demanded: [$]
- If replacement elected: comparable new vehicle plus reimbursement of incidental costs.
5. RESPONSE DEADLINE
- Provide written acceptance and logistics for repurchase/replacement within [10] days for final repair, or [30] days for settlement. Time is of the essence.
6. ATTORNEYS' FEES
- Reasonable attorney's fees and costs recoverable under 6 Del. C. § 5006.
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]