DEMAND LETTER – WEST VIRGINIA 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 (W. Va. Code § 46A-6A-3):
• [ ] Three or more repair attempts for the same nonconformity; OR
• [ ] One or more attempts for serious safety defect; OR
• [ ] Thirty (30) or more calendar days out of service.
• Within 1 year or warranty term from original delivery, whichever first.

2. LEGAL BASIS

• West Virginia Motor Vehicle Warranties Act, W. Va. Code §§ 46A-6A-1 to 46A-6A-9. 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 (BY CERTIFIED MAIL)

• This letter serves as written notice per W. Va. Code § 46A-6A-4, sent via certified mail.
• Manufacturer has one final opportunity to repair.

4. INFORMAL DISPUTE RESOLUTION PREREQUISITE

• Per W. Va. Code § 46A-6A-6, if manufacturer has a certified informal dispute settlement procedure, consumer must first exhaust 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 W. Va. Code § 46A-6A-7.

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]