DEMAND LETTER – NEBRASKA 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 (Neb. Rev. Stat. § 60-2703):
- [ ] Four or more repair attempts for the same nonconformity; OR
- [ ] Forty (40) or more calendar days out of service.
- Within express warranty term or 1 year from original delivery, whichever first.
2. LEGAL BASIS
- Nebraska Motor Vehicle Industry Regulation Act, Neb. Rev. Stat. §§ 60-2701 to 60-2709. Manufacturer has had a reasonable number of repair attempts and failed to conform the vehicle to warranty; further attempts would be futile.
3. WRITTEN NOTICE
- This letter serves as written notice per Neb. Rev. Stat. § 60-2703. Manufacturer gets one final opportunity to repair.
4. INFORMAL DISPUTE RESOLUTION PREREQUISITE
- Per Neb. Rev. Stat. § 60-2705, if manufacturer has a certified informal dispute settlement procedure, consumer must first use that procedure.
- Manufacturer's program: [PROGRAM NAME / None exists / Not certified].
- Status: [Completed on [DATE] — unsatisfactory / Not applicable].
5. DEMAND FOR REPURCHASE OR REPLACEMENT
- Election: [Repurchase / Replacement].
- Repurchase calculation:
- Full purchase price: [$]
- Collateral charges: [$]
- Sales/use tax: [$]
- Registration, license, official fees: [$]
- Incidental/consequential damages (towing, rental, etc.): [$]
- Subtotal: [$]
- Less reasonable allowance for use: [$]
- Total demanded: [$]
- If replacement elected: comparable new vehicle plus reimbursement of incidental costs.
6. RESPONSE DEADLINE
- Provide written acceptance and logistics for repurchase/replacement within [30] days. Time is of the essence.
7. ATTORNEYS' FEES
- Reasonable attorney's fees and costs recoverable under Neb. Rev. Stat. § 60-2707.
8. 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]