DEMAND LETTER – WASHINGTON 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 (RCW § 19.118.041):
- [ ] Four or more repair attempts for the same nonconformity; OR
- [ ] Two or more attempts for serious safety defect; OR
- [ ] Thirty (30) or more calendar days out of service.
- Within 2 years or 24,000 miles from original delivery, whichever first.
2. LEGAL BASIS
- Washington Lemon Law, RCW §§ 19.118.005 to 19.118.905. 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 RCW § 19.118.041. Manufacturer has one final opportunity to repair.
4. STATE ARBITRATION REQUIREMENT
- CRITICAL: Per RCW § 19.118.090, Consumer must first submit claim to state-run New Motor Vehicle Arbitration Board (Attorney General's Office) 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].
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 [21] days prior to Consumer seeking state arbitration. Time is of the essence.
7. ATTORNEYS' FEES
- Reasonable attorney's fees and costs recoverable under RCW § 19.118.100.
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]