LEMON LAW DEMAND LETTER

STATE OF ALASKA

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY - SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

[DATE]

[MANUFACTURER NAME]
ATTN: Customer Relations / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]

[DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, STATE ZIP]

Re: ALASKA LEMON LAW DEMAND - STATUTORY NOTICE
Consumer/Owner: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [VEHICLE IDENTIFICATION NUMBER]
Purchase/Lease Date: [DATE]
Current Mileage: [MILEAGE]

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") in connection with the purchase/lease of the above-referenced vehicle, which qualifies as a "lemon" under the Alaska Motor Vehicle Warranties Act, Alaska Stat. Section 45.45.300 et seq., and the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq. This letter constitutes formal notice of our Client's claim and demand for repurchase or replacement of the defective vehicle.

I. ALASKA LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Alaska Motor Vehicle Warranties Act, Alaska Stat. Section 45.45.300 et seq., which provides protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.

B. Covered Vehicles

Under Alaska Stat. Section 45.45.300, a "motor vehicle" includes:
- New motor vehicles purchased or leased in Alaska
- Self-propelled vehicles primarily designed for transportation on public highways
- Includes: Motorcycles and demonstrator vehicles
- Excludes: Motor homes, tractors, farm and off-road vehicles

The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased new and is covered under Alaska's Lemon Law.

C. Coverage Period

Alaska's Lemon Law applies during the Lemon Law Rights Period:
- One (1) year following original delivery to the consumer; OR
- The first 12,000 miles of operation
- Whichever occurs first. Alaska Stat. Section 45.45.310.

D. Presumption of Nonconformity

Under Alaska Stat. Section 45.45.330, there is a rebuttable presumption that a reasonable number of attempts have been made if, during the Lemon Law Rights Period:

1. Same Nonconformity: The same nonconformity has been subject to repair three (3) or more times and continues to exist; OR

2. Days Out of Service: The vehicle has been out of service by reason of repair for a cumulative total of 30 or more business days.

E. Manufacturer Notice Requirement

Under Alaska Stat. Section 45.45.330(b), the consumer must provide direct written notification to the manufacturer of the nonconformity. The manufacturer has a reasonable period (not to exceed 10 business days) for a final repair attempt after receiving such notice.

THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

The defects complained of arose during the applicable warranty period and remain unresolved.

IV. DEFECT DESCRIPTION

A. Nature of Defect(s)

The vehicle suffers from one or more nonconformities that substantially impair its use and market value as required under Alaska Stat. Section 45.45.310:

PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Safety Impact: [ ] Yes [ ] No - [IF YES, DESCRIBE]
- Use Impairment: [HOW DEFECT AFFECTS VEHICLE USE]
- Value Impairment: [HOW DEFECT AFFECTS VEHICLE VALUE]

ADDITIONAL DEFECT(S):
[REPEAT FORMAT FOR EACH ADDITIONAL DEFECT]

V. REPAIR HISTORY

Repair Attempt #1

Repair Attempt #2

Repair Attempt #3

[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]

Summary of Repair Attempts

VI. LEMON LAW QUALIFICATION

A. Alaska Lemon Law Presumption Met

Our Client's vehicle qualifies as a lemon under Alaska law because:

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, meeting or exceeding the 3-repair threshold under Alaska Stat. Section 45.45.330(a)(1).

[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] business days, meeting or exceeding the 30-day threshold under Alaska Stat. Section 45.45.330(a)(2).

B. Magnuson-Moss Warranty Act

In addition to state law claims, our Client has claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq.

VII. ARBITRATION NOTICE

Under Alaska Stat. Section 45.45.350, if [MANUFACTURER] has established an informal dispute settlement procedure that complies with federal regulations (16 C.F.R. Part 703), the consumer must first resort to that procedure before bringing an action.

**[ ] [MANUFACTURER] has a qualifying arbitration program. Our Client will comply with the arbitration requirement but reserves all rights if arbitration does not provide an acceptable resolution. The consumer may reject the arbitration decision and proceed to court.

**[ ] [MANUFACTURER] does not have a qualifying arbitration program, and therefore arbitration is not required before bringing suit.

VIII. DEMAND FOR RELIEF

Pursuant to Alaska Stat. Section 45.45.320, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under Alaska Stat. Section 45.45.320(a)(1), the manufacturer must refund:

The reasonable allowance for use is calculated as: (miles driven) x (purchase price) / 100,000

[ ] REPLACEMENT

Under Alaska Stat. Section 45.45.320(a)(2), the manufacturer must provide a comparable motor vehicle.

B. Additional Relief

1. Treble Damages: Under Alaska Stat. Section 45.45.360(b), if the violation was willful, the court may award up to three times the actual damages.

2. Attorney's Fees and Costs: Under Alaska Stat. Section 45.45.360(a), a prevailing consumer shall be awarded reasonable attorney's fees and costs.

3. Loan/Lease Payoff: The manufacturer must pay off any outstanding balance to the lienholder.

IX. FINAL REPAIR OPPORTUNITY

This letter provides [MANUFACTURER] with written notice as required under Alaska Stat. Section 45.45.330(b). The manufacturer has a reasonable period, not to exceed 10 business days, for a final repair attempt.

Please contact the undersigned within five (5) business days to schedule the final repair attempt. If the defect is not cured within the 10-business-day period, our Client will proceed with arbitration (if required) and/or litigation.

X. DOCUMENT PRESERVATION

You are hereby directed to preserve all documents and records relating to this vehicle, including:

• All repair orders and warranty claims
• All technical service bulletins related to the defect
• All customer complaints regarding similar defects
• All communications between dealer and manufacturer
• All engineering documents and analyses
• The vehicle itself (do not destroy, sell, or alter)

XI. RESPONSE DEADLINE

Please respond to this demand in writing within ten (10) business days of the date of this letter with:

1. Your position on whether the vehicle qualifies as a lemon
2. Your offer for repurchase or replacement
3. Scheduling of the final repair opportunity, if desired

If we do not receive a satisfactory response, our Client will:

[ ] Submit this matter to the manufacturer's arbitration program
[ ] File suit in the appropriate Alaska court
[ ] Report this matter to the Alaska Attorney General

XII. CONCLUSION

Our Client has provided [MANUFACTURER] with ample opportunity to repair this vehicle. The vehicle continues to suffer from substantial defects that impair its use, value, and safety. Our Client is entitled to a refund or replacement under Alaska law.

We urge you to resolve this matter promptly and avoid unnecessary litigation.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
[ ] Copies of all repair orders
[ ] Copy of purchase/lease agreement
[ ] Copy of warranty booklet
[ ] Vehicle registration
[ ] Photographs/videos of defect
[ ] Prior correspondence with manufacturer

cc: [CONSUMER NAME]
[LIENHOLDER, if applicable]
Alaska Attorney General - Consumer Protection Unit

ALASKA LEMON LAW QUICK REFERENCE

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Alaska attorney before use.