DEMAND LETTER – MASSACHUSETTS 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 (M.G.L. c. 90 § 7N½):
• [ ] Three or more repair attempts for the same nonconformity; OR
• [ ] Fifteen (15) or more business days out of service for any combination of defects.
• Within first 15,000 miles or 1 year from original delivery, whichever first.

2. LEGAL BASIS

• Massachusetts Lemon Law, M.G.L. c. 90 § 7N½. Manufacturer has had a reasonable number of repair attempts and failed to conform the vehicle to warranty; further attempts would be futile.

3. STATE ARBITRATION REQUIREMENT

• CRITICAL: Per M.G.L. c. 90 § 7N½, Consumer must first pursue state-run arbitration administered by the Office of the Attorney General before any civil action.
• If manufacturer fails to respond to this demand satisfactorily, Consumer will file for state arbitration.
• Arbitration status: [Not yet filed / Pending / Completed on [DATE] — decision attached].

4. DEMAND FOR REPURCHASE OR REPLACEMENT

• Election: [Repurchase / Replacement].
• Repurchase calculation:
• Full purchase price: [$]
• Finance charges: [$]
• 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 with all applicable taxes, fees, and costs to be borne by manufacturer.

5. RESPONSE DEADLINE

• Provide written acceptance and logistics for repurchase/replacement within [21] days prior to Consumer seeking state arbitration. Time is of the essence.

6. ATTORNEYS' FEES

• Reasonable attorney's fees recoverable under M.G.L. c. 90 § 7N½ in any civil action following arbitration.

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]