LEMON LAW DEMAND LETTER

STATE OF ARIZONA

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: ARIZONA 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 Arizona Motor Vehicle Warranties Act, Ariz. Rev. Stat. Section 44-1261 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. ARIZONA LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Arizona Motor Vehicle Warranties Act, Ariz. Rev. Stat. Section 44-1261 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 Ariz. Rev. Stat. Section 44-1261, a "motor vehicle" means:
- A new motor vehicle sold in Arizona
- Self-propelled vehicle primarily designed for transportation on public highways
- Excludes: Motor homes (residential portion), motorcycles, and vehicles operated primarily on unpaved roads

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

C. Coverage Period

Arizona's Lemon Law applies during:
- The term of the manufacturer's express warranty; OR
- Two (2) years following original delivery; OR
- 24,000 miles of operation
- Whichever occurs first. Ariz. Rev. Stat. Section 44-1262.

D. Presumption of Nonconformity

Under Ariz. Rev. Stat. Section 44-1263, 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 four (4) 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 calendar days.

E. Manufacturer Notice Requirement

Under Ariz. Rev. Stat. Section 44-1263(C), the presumption does not apply unless the consumer has given direct written notification to the manufacturer of the defect and allowed the manufacturer a final reasonable attempt to cure (at least 10 days).

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 value as required under Ariz. Rev. Stat. Section 44-1262:

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

Repair Attempt #4

[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]

Summary of Repair Attempts

VI. LEMON LAW QUALIFICATION

A. Arizona Lemon Law Presumption Met

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

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, meeting or exceeding the 4-repair threshold under Ariz. Rev. Stat. Section 44-1263(A).

[ ] 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 Ariz. Rev. Stat. Section 44-1263(A).

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 Ariz. Rev. Stat. Section 44-1264, if [MANUFACTURER] has established an informal dispute settlement procedure that is certified by the Arizona Attorney General as complying with federal regulations, the consumer must first resort to that procedure.

**[ ] [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.

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

VIII. DEMAND FOR RELIEF

Pursuant to Ariz. Rev. Stat. Section 44-1262, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under Ariz. Rev. Stat. Section 44-1262(A)(1), the manufacturer must refund:

The reasonable allowance for use is calculated as: (miles driven at time refund tendered) x (purchase price) / 100,000. Ariz. Rev. Stat. Section 44-1262(A)(1).

[ ] REPLACEMENT

Under Ariz. Rev. Stat. Section 44-1262(A)(2), the manufacturer must provide a comparable motor vehicle.

B. Additional Relief

1. Civil Penalty: Under Ariz. Rev. Stat. Section 44-1265(B), the court may award a civil penalty of up to $500 for each violation.

2. Attorney's Fees and Costs: Under Ariz. Rev. Stat. Section 44-1265(A), a prevailing consumer may recover 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 Ariz. Rev. Stat. Section 44-1263(C). The manufacturer has at least ten (10) 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, 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) 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 certified arbitration program
[ ] File suit in the appropriate Arizona court
[ ] Report this matter to the Arizona Attorney General

XII. STATUTE OF LIMITATIONS

Please be advised that under Ariz. Rev. Stat. Section 44-1265(C), any action under Arizona's Lemon Law must be brought within six months after expiration of the warranty term or two years after original delivery, whichever is earlier.

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 Arizona 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]
Arizona Attorney General - Consumer Protection Division

ARIZONA LEMON LAW QUICK REFERENCE

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