LEMON LAW DEMAND LETTER
STATE OF CALIFORNIA
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: CALIFORNIA SONG-BEVERLY ACT / TANNER ACT DEMAND
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 California Song-Beverly Consumer Warranty Act, Cal. Civ. Code Section 1790 et seq., the Tanner Consumer Protection Act, Cal. Civ. Code Section 1793.22, 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. CALIFORNIA LEMON LAW FRAMEWORK
A. Statutory Authority
This demand is made pursuant to:
-
Song-Beverly Consumer Warranty Act, Cal. Civ. Code Section 1790 et seq. - California's comprehensive consumer warranty statute
-
Tanner Consumer Protection Act, Cal. Civ. Code Section 1793.22 - California's specific "lemon law" presumption statute
B. Covered Vehicles
California's Song-Beverly Act provides among the strongest consumer protections in the nation. Under Cal. Civ. Code Section 1793.22(e)(2), covered vehicles include:
New Vehicles:
- Any new motor vehicle sold or leased in California with a manufacturer's warranty
- Includes: Passenger cars, trucks, vans, SUVs
- Includes: Dealer-owned vehicles and demonstrators
- Includes: Motorcycles, motor homes, and chassis/chassis cab vehicles (with certain limitations)
Used Vehicles (Unique to California):
- Under Cal. Civ. Code Section 1795.5, used vehicles sold with a dealer warranty or remaining manufacturer warranty are covered
- Certified Pre-Owned (CPO) vehicles with manufacturer-backed warranties are covered
The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased [new/used with remaining warranty] and is covered under California's Lemon Law.
C. Coverage Period
California's Lemon Law presumption applies during:
- 18 months from original delivery to the buyer; OR
- 18,000 miles on the odometer
- Whichever occurs first. Cal. Civ. Code Section 1793.22(b).
Note: Claims may still be brought after the presumption period expires during the full warranty period; however, the burden of proof shifts to the consumer.
D. Presumption of Nonconformity
Under Cal. Civ. Code Section 1793.22(b), there is a rebuttable presumption that a reasonable number of repair attempts have been made if, within 18 months or 18,000 miles:
-
Same Nonconformity: The same nonconformity has been subject to repair four (4) or more times by the manufacturer or its agents and continues to exist; OR
-
Serious Safety Defect: A nonconformity that is likely to cause death or serious bodily injury has been subject to repair two (2) or more times; OR
-
Days Out of Service: The vehicle has been out of service by reason of repair of nonconformities for a cumulative total of more than 30 calendar days (not necessarily consecutive).
E. Manufacturer Obligations
Under Cal. Civ. Code Section 1793.2(d), if the manufacturer is unable to conform the vehicle to the applicable express warranties after a reasonable number of repair attempts, the manufacturer shall either:
- Replace the vehicle; OR
- Make restitution to the buyer
The choice belongs to the buyer. Cal. Civ. Code Section 1793.2(d)(2).
II. VEHICLE INFORMATION
| Item | Details |
|---|---|
| Owner/Lessee | [CONSUMER FULL NAME] |
| Co-Owner/Co-Lessee | [IF APPLICABLE] |
| Year/Make/Model | [YEAR] [MAKE] [MODEL] |
| Trim Level/Package | [TRIM] |
| Vehicle Identification Number | [VIN] |
| Purchase/Lease Date | [DATE] |
| Delivering Dealer | [DEALER NAME AND LOCATION] |
| Purchase Price / Cap Cost | $[AMOUNT] |
| Current Odometer Reading | [MILEAGE] |
| Mileage at First Repair Attempt | [MILEAGE] |
| Type of Transaction | [ ] Purchase [ ] Lease |
| New or Used at Purchase | [ ] New [ ] Certified Pre-Owned [ ] Used with warranty |
III. WARRANTY INFORMATION
A. Manufacturer's Warranty
| Warranty Type | Duration | Status |
|---|---|---|
| Basic/Bumper-to-Bumper | [YEARS]/[MILES] | [ ] Active [ ] Expired |
| Powertrain | [YEARS]/[MILES] | [ ] Active [ ] Expired |
| Emissions | [YEARS]/[MILES] | [ ] Active [ ] Expired |
| Battery (if EV/Hybrid) | [YEARS]/[MILES] | [ ] Active [ ] Expired |
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, value, or safety as required under Cal. Civ. Code Section 1793.2:
PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Safety Impact: [ ] Yes [ ] No - [IF YES, DESCRIBE - CRITICAL FOR 2-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]
B. Defect Classification Under California Law
[ ] Serious Safety Defect - Nonconformity likely to cause death or serious bodily injury if the vehicle is driven (2-repair threshold applies)
[ ] Substantial Impairment - Nonconformity that substantially impairs use, value, or safety (4-repair threshold applies)
V. REPAIR HISTORY
Repair Attempt #1
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Parts Replaced | [IF ANY] |
| Result | [ ] Defect persisted [ ] Defect returned |
Repair Attempt #2
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Parts Replaced | [IF ANY] |
| Result | [ ] Defect persisted [ ] Defect returned |
Repair Attempt #3
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Parts Replaced | [IF ANY] |
| Result | [ ] Defect persisted [ ] Defect returned |
Repair Attempt #4
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Parts Replaced | [IF ANY] |
| Result | [ ] Defect persisted [ ] Defect returned |
[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]
Summary of Repair Attempts
| Defect | Number of Repair Attempts | Total Days Out of Service |
|---|---|---|
| [PRIMARY DEFECT] | [NUMBER] | [DAYS] |
| [ADDITIONAL DEFECTS] | [NUMBER] | [DAYS] |
| TOTAL | [NUMBER] | [DAYS] |
VI. LEMON LAW QUALIFICATION
A. California Lemon Law Presumption Met
Our Client's vehicle qualifies as a lemon under California law because:
[ ] Repair Attempt Threshold Met (Standard Defect):
The same nonconformity has been subject to repair [NUMBER] times, meeting or exceeding the 4-repair threshold under Cal. Civ. Code Section 1793.22(b)(1).
[ ] Repair Attempt Threshold Met (Serious Safety Defect):
A serious safety defect has been subject to repair [NUMBER] times, meeting or exceeding the 2-repair threshold under Cal. Civ. Code Section 1793.22(b)(2).
[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] calendar days, exceeding the 30-day threshold under Cal. Civ. Code Section 1793.22(b)(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 Cal. Civ. Code Section 1793.22(c), the Tanner Act presumption does not apply in favor of the buyer if the manufacturer maintains an arbitration program certified by the California Department of Consumer Affairs (DCA) and the buyer fails to use it.
**[ ] [MANUFACTURER] has a DCA-certified arbitration program. Our Client [will use/has used] the arbitration program. However, the consumer is not bound by an unfavorable decision and may proceed to court.
**[ ] [MANUFACTURER] does not have a DCA-certified arbitration program; therefore, arbitration is not required.
**[ ] Our Client has elected to proceed directly to litigation, as California law does not mandate use of arbitration.
IMPORTANT: Under California law, unlike many other states, the consumer is NOT required to use arbitration before filing suit. Arbitration is voluntary, and the consumer may reject an unfavorable decision and proceed to court with all rights preserved.
VIII. DEMAND FOR RELIEF
Pursuant to Cal. Civ. Code Section 1793.2(d), we hereby demand:
A. Primary Relief - RESTITUTION/REFUND (Buyer's Choice)
Our Client elects RESTITUTION and demands payment as follows:
Under Cal. Civ. Code Section 1793.2(d)(2)(B), the manufacturer must pay:
| Item | Amount |
|---|---|
| Actual Price Paid or Payable (including financing) | $[AMOUNT] |
| Plus: Sales Tax | $[AMOUNT] |
| Plus: License Fees | $[AMOUNT] |
| Plus: Registration Fees | $[AMOUNT] |
| Plus: Official Fees | $[AMOUNT] |
| Plus: Service Contract (if purchased from manufacturer/dealer) | $[AMOUNT] |
| Plus: All Incidental Damages (rental, towing, etc.) | $[AMOUNT] |
| Subtotal | $[AMOUNT] |
| Less: Mileage Offset (see calculation below) | ($[AMOUNT]) |
| TOTAL RESTITUTION DUE | $[AMOUNT] |
B. California Mileage Offset Calculation
Under Cal. Civ. Code Section 1793.2(d)(2)(C), the mileage offset is calculated as:
Formula: (Miles at time buyer first delivered vehicle for repair) x (Actual Price Paid) / 120,000
Calculation:
- Miles at first repair: [MILEAGE]
- Purchase Price: $[AMOUNT]
- Offset = [MILEAGE] x $[AMOUNT] / 120,000 = $[OFFSET AMOUNT]
C. Alternative: REPLACEMENT
If replacement is elected, under Cal. Civ. Code Section 1793.2(d)(2)(A), the manufacturer must provide:
- A new motor vehicle substantially identical to the vehicle replaced
- Plus: All collateral charges
- Plus: All incidental damages
D. Additional Relief - CIVIL PENALTY (2x Damages)
Under Cal. Civ. Code Section 1794(c), if the manufacturer's failure to comply was willful, the buyer may recover a civil penalty of up to two times the actual damages.
We contend [MANUFACTURER]'s conduct was willful because:
[ ] The manufacturer knew or should have known the vehicle was defective
[ ] The manufacturer refused to repurchase despite clear evidence of qualification
[ ] The manufacturer engaged in delay tactics
[ ] The manufacturer's Technical Service Bulletins (TSBs) show prior knowledge
[ ] [OTHER EVIDENCE OF WILLFULNESS]
We reserve the right to seek the civil penalty at trial.
E. Attorney's Fees and Costs
Under Cal. Civ. Code Section 1794(d), a prevailing buyer shall recover reasonable attorney's fees and costs based on actual time expended. This provision is mandatory, not discretionary.
IX. LEASE TRANSACTIONS
If the vehicle was leased, under Cal. Civ. Code Section 1793.2(d)(2)(B), the manufacturer shall return to the lessee:
| Item | Amount |
|---|---|
| All Lease Payments Made | $[AMOUNT] |
| Plus: Inception Fees (cap cost reduction, first month, etc.) | $[AMOUNT] |
| Plus: All Amounts Paid to Lessor | $[AMOUNT] |
| Plus: Sales Tax | $[AMOUNT] |
| Plus: License/Registration Fees | $[AMOUNT] |
| Plus: Incidental Damages | $[AMOUNT] |
| Subtotal | $[AMOUNT] |
| Less: Mileage Offset | ($[AMOUNT]) |
| TOTAL RESTITUTION DUE | $[AMOUNT] |
Additionally, the manufacturer must pay off the remaining lease obligation to the lessor.
X. DOCUMENT PRESERVATION - SPOLIATION WARNING
YOU ARE HEREBY DIRECTED TO PRESERVE ALL EVIDENCE, including:
- All repair orders and warranty claims for this vehicle
- All Technical Service Bulletins (TSBs) related to the defect(s)
- All Customer Complaint Index (CCI) data for similar vehicles
- All communications between dealer and manufacturer
- All engineering documents and analyses
- All training materials regarding the defect
- All recall and campaign information
- The vehicle itself (do not destroy, sell, or alter)
California recognizes claims for spoliation of evidence. Cedars-Sinai Med. Ctr. v. Superior Court (1998) 18 Cal.4th 1. Destruction of evidence may result in sanctions and adverse inferences.
XI. RESPONSE DEADLINE
Please respond to this demand in writing within thirty (30) days of the date of this letter with:
- Your position on whether the vehicle qualifies under California's Lemon Law
- Your offer for restitution or replacement
- Your calculation of the refund amount, including mileage offset
Consequences of Non-Response
If we do not receive a satisfactory response, our Client will:
[ ] File suit in the Superior Court of California, County of [COUNTY]
[ ] Seek the civil penalty for willful violation (2x damages)
[ ] Seek recovery of attorney's fees and costs
[ ] Report this matter to the California Department of Consumer Affairs
[ ] Report this matter to the California Attorney General
XII. STATUTE OF LIMITATIONS
Under Cal. Code Civ. Proc. Section 337, the statute of limitations for breach of written warranty is four (4) years. This action is timely.
XIII. CONCLUSION
California's Song-Beverly Act provides among the strongest consumer protections in the nation. Our Client has provided [MANUFACTURER] with numerous opportunities to repair this vehicle, yet it continues to suffer from substantial defects.
Under California law:
- The choice of remedy belongs to the buyer, not the manufacturer
- Attorney's fees are mandatory to prevailing consumers
- Civil penalties of 2x damages are available for willful violations
We strongly urge you to resolve this matter promptly. California juries are historically favorable to consumers in lemon law cases, and the costs of litigation far exceed the cost of compliance.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
State Bar of California No. [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
[ ] Technical Service Bulletins (if obtained)
cc: [CONSUMER NAME]
[LIENHOLDER/LESSOR, if applicable]
California Department of Consumer Affairs - Arbitration Certification Program
California Attorney General - Public Inquiry Unit
CALIFORNIA LEMON LAW QUICK REFERENCE
| Element | California Requirement |
|---|---|
| Statute | Cal. Civ. Code Section 1790 et seq. (Song-Beverly); Section 1793.22 (Tanner) |
| Coverage | New and used vehicles with manufacturer warranty |
| Includes | Cars, trucks, SUVs, motorcycles, RVs, EVs |
| Presumption Period | 18 months or 18,000 miles, whichever first |
| Repair Attempts (Standard) | 4 for same defect |
| Repair Attempts (Safety) | 2 for defects likely to cause death/serious injury |
| Days Out of Service | More than 30 calendar days |
| Notice Required | Only if warranty requires (must be reasonable) |
| Arbitration Required | No - voluntary only |
| Mileage Offset | (Miles at first repair x Price) / 120,000 |
| Civil Penalty | Up to 2x damages for willful violations |
| Attorney's Fees | Mandatory to prevailing buyer |
| Statute of Limitations | 4 years |
CALIFORNIA PRACTICE NOTES
[ ] Song-Beverly Applies to Used Vehicles: Unlike most states, California covers used vehicles sold with a dealer warranty or remaining manufacturer warranty. Cal. Civ. Code Section 1795.5.
[ ] Presumption vs. Actual Qualification: The Tanner Act creates a rebuttable presumption. Even without meeting the presumption, a vehicle may still qualify as a lemon if it fails to conform to warranty after a reasonable number of attempts.
[ ] No Direct Dealer Liability: Under Kiluk v. Mercedes-Benz USA, LLC (2019) 43 Cal.App.5th 334, dealers are generally not liable under Song-Beverly unless they issue their own warranty.
[ ] Electric Vehicles: EV battery defects are covered. Given longer battery warranties (often 8 years/100,000+ miles), EV lemon law claims may extend longer.
[ ] Civil Penalty Evidence: Document manufacturer knowledge of defects through TSBs, recalls, and prior complaints to support willfulness claim.
This template is for informational purposes only and does not constitute legal advice. California's Song-Beverly Act is complex and highly favorable to consumers. Consult a licensed California attorney before use.