LEMON LAW DEMAND LETTER

STATE OF ARKANSAS

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: ARKANSAS 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 Arkansas New Motor Vehicle Quality Assurance Act, Ark. Code Ann. Section 4-90-401 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. ARKANSAS LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Arkansas New Motor Vehicle Quality Assurance Act, Ark. Code Ann. Section 4-90-401 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 Ark. Code Ann. Section 4-90-402, a "motor vehicle" means:
- A new motor vehicle purchased or leased in Arkansas
- Vehicles under 10,000 pounds gross vehicle weight
- Excludes: Motorcycles, mopeds, motor homes, and vehicles over 10,000 lbs

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

C. Coverage Period

Arkansas's Lemon Law applies during:
- 24 months following the date of original delivery; OR
- 24,000 miles of operation
- Whichever occurs first. Ark. Code Ann. Section 4-90-403.

D. Presumption of Nonconformity

Under Ark. Code Ann. Section 4-90-406, there is a rebuttable presumption that a reasonable number of attempts have been made if:

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

2. Serious Safety Defect: A nonconformity likely to cause death or serious bodily injury has been subject to repair one (1) or more times; OR

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

E. Manufacturer Notice Requirement

Under Ark. Code Ann. Section 4-90-406(b), the consumer must send written notification by certified mail to the manufacturer. If the manufacturer has a certified arbitration program, the consumer must use it before filing suit.

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, market value, or safety as required under Ark. Code Ann. Section 4-90-403:

PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Safety Impact: [ ] Yes [ ] No - [IF YES, DESCRIBE - IMPORTANT FOR 1-REPAIR THRESHOLD]
- 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. Arkansas Lemon Law Presumption Met

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

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, meeting or exceeding the 3-repair threshold under Ark. Code Ann. Section 4-90-406(a)(1).

[ ] Serious Safety Defect Threshold Met:
A serious safety defect likely to cause death or serious bodily injury has been subject to repair [NUMBER] time(s), meeting the 1-repair threshold under Ark. Code Ann. Section 4-90-406(a)(2).

[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] calendar days, meeting or exceeding the 30-day threshold under Ark. Code Ann. Section 4-90-406(a)(3).

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 Ark. Code Ann. Section 4-90-407, if [MANUFACTURER] has established an informal dispute settlement procedure certified by the Arkansas New Motor Vehicle Arbitration Board, the consumer must first use that procedure before bringing a civil action.

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

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

VIII. DEMAND FOR RELIEF

Pursuant to Ark. Code Ann. Section 4-90-404, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under Ark. Code Ann. Section 4-90-404(a)(1), the manufacturer must refund:

The reasonable allowance for use is calculated as: (miles driven prior to first report of nonconformity) x (purchase price) / 120,000. Ark. Code Ann. Section 4-90-404(a)(1).

[ ] REPLACEMENT

Under Ark. Code Ann. Section 4-90-404(a)(2), the manufacturer must provide a comparable motor vehicle that is acceptable to the consumer.

B. Additional Relief

1. Civil Penalty for Willful Violation: Under Ark. Code Ann. Section 4-90-410(d), if the failure to comply was willful, the court may award up to twice the actual damages.

2. Attorney's Fees and Costs: Under Ark. Code Ann. Section 4-90-410(a), a prevailing consumer shall be awarded reasonable attorney's fees.

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 Ark. Code Ann. Section 4-90-406(b). The manufacturer must respond within a reasonable time.

Please contact the undersigned within ten (10) business days to arrange resolution or schedule a final repair attempt.

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 fifteen (15) 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. Information regarding your certified arbitration program, if any

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

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

XII. STATUTE OF LIMITATIONS

Please be advised that under Ark. Code Ann. Section 4-90-410(e), any action under Arkansas's Lemon Law must be brought within 24 months of the date of original delivery or expiration of the Lemon Law Rights Period, whichever is later.

XIII. 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 Arkansas 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]
Arkansas Attorney General - Consumer Protection Division
Arkansas New Motor Vehicle Arbitration Board

ARKANSAS LEMON LAW QUICK REFERENCE

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