LEMON LAW DEMAND LETTER
STATE OF CONNECTICUT
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: CONNECTICUT 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 Connecticut Lemon Law, Conn. Gen. Stat. Section 42-179 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. CONNECTICUT LEMON LAW FRAMEWORK
A. Statutory Authority
This demand is made pursuant to Connecticut General Statutes Section 42-179 et seq., Connecticut's automobile lemon law.
B. Covered Vehicles
Under Conn. Gen. Stat. Section 42-179(a), a covered "automobile" means:
- A new passenger motor vehicle or passenger and commercial motor vehicle
- Including motorcycles
- Excludes: Motor homes, vehicles with more than 2 axles, and vehicles over 10,000 pounds GVWR
The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased new and is covered under Connecticut's Lemon Law.
C. Coverage Period
Connecticut's Lemon Law applies during:
- Two (2) years following original delivery; OR
- 24,000 miles of operation
- Whichever occurs first. Conn. Gen. Stat. Section 42-179(b).
D. Presumption of Nonconformity
Under Conn. Gen. Stat. Section 42-179(d), there is a rebuttable presumption that a reasonable number of attempts have been made if, during the coverage period:
-
Same Nonconformity: The same nonconformity has been subject to repair four (4) or more times and continues to exist; OR
-
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; OR
-
Dangerous to Occupants: A nonconformity that is likely to cause death or serious bodily injury continues to exist after at least two (2) repair attempts.
E. Manufacturer Notice Requirement
Under Conn. Gen. Stat. Section 42-179(d), the consumer must notify the manufacturer in writing of the nonconformity. The manufacturer then has a reasonable opportunity (not less than 10 days) for a final repair attempt.
THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.
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 |
III. WARRANTY INFORMATION
| Warranty Type | Duration | Status |
|---|---|---|
| Basic/Bumper-to-Bumper | [YEARS]/[MILES] | [ ] Active [ ] Expired |
| Powertrain | [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, safety, or value as required under Conn. Gen. Stat. Section 42-179:
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 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]
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] |
| 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] |
| 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] |
| 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] |
| 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] |
| TOTAL | [NUMBER] | [DAYS] |
VI. LEMON LAW QUALIFICATION
A. Connecticut Lemon Law Presumption Met
Our Client's vehicle qualifies as a lemon under Connecticut law because:
[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, meeting or exceeding the 4-repair threshold under Conn. Gen. Stat. Section 42-179(d)(1).
[ ] 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 Conn. Gen. Stat. Section 42-179(d)(2).
[ ] Safety Defect Threshold Met:
A dangerous nonconformity likely to cause death or serious injury has been subject to repair [NUMBER] times, meeting the 2-repair threshold under Conn. Gen. Stat. Section 42-179(d)(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 OPTIONS
Connecticut offers state-run arbitration through the Department of Consumer Protection's Lemon Law Arbitration Program. This is an alternative to litigation that is free to consumers.
**[ ] Our Client reserves the right to request state arbitration through the Connecticut Department of Consumer Protection.
**[ ] If [MANUFACTURER] has an informal dispute settlement procedure, our Client may utilize it but is not bound by an unfavorable decision.
VIII. DEMAND FOR RELIEF
Pursuant to Conn. Gen. Stat. Section 42-179(b) and (c), we hereby demand:
A. Primary Relief (Choose One)
[ ] REPURCHASE/REFUND
Under Conn. Gen. Stat. Section 42-179(b), the manufacturer must refund:
| Item | Amount |
|---|---|
| Full Contract Price | $[AMOUNT] |
| Plus: All Credits and Allowances for Trade-in | $[AMOUNT] |
| Plus: All Charges (less credit for down payment/trade-in) | $[AMOUNT] |
| Plus: All Incidental Damages | $[AMOUNT] |
| Subtotal | $[AMOUNT] |
| Less: Reasonable Allowance for Use (see below) | ($[AMOUNT]) |
| TOTAL REFUND DUE | $[AMOUNT] |
The reasonable allowance for use is calculated as: (miles driven) x (purchase price) / 100,000
[ ] REPLACEMENT
Under Conn. Gen. Stat. Section 42-179(c), the manufacturer must provide a comparable new automobile acceptable to the consumer.
B. Additional Relief
-
Civil Penalty for Bad Faith: Under Conn. Gen. Stat. Section 42-179(f), if the manufacturer acted in bad faith, the court may award a civil penalty of $5,000 to $10,000.
-
Attorney's Fees and Costs: Under Conn. Gen. Stat. Section 42-179(e), a prevailing consumer may recover reasonable attorney's fees and costs.
-
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 Conn. Gen. Stat. Section 42-179(d). 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 state arbitration 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 fifteen (15) days of the date of this letter with:
- Your position on whether the vehicle qualifies as a lemon
- Your offer for repurchase or replacement
- Scheduling of the final repair opportunity, if desired
If we do not receive a satisfactory response, our Client will:
[ ] Request arbitration through the Connecticut Department of Consumer Protection
[ ] File suit in the appropriate Connecticut court
[ ] Report this matter to the Connecticut Attorney General
XII. STATUTE OF LIMITATIONS
Please be advised that any action under Connecticut's Lemon Law must be brought within three (3) years of the date of original delivery.
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 Connecticut 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]
Connecticut Department of Consumer Protection - Lemon Law Unit
Connecticut Attorney General - Consumer Protection Division
CONNECTICUT LEMON LAW QUICK REFERENCE
| Element | Connecticut Requirement |
|---|---|
| Statute | Conn. Gen. Stat. Section 42-179 et seq. |
| Coverage | New passenger and passenger/commercial vehicles, motorcycles |
| Excludes | Motor homes, vehicles over 10,000 lbs GVWR, vehicles with more than 2 axles |
| Coverage Period | 2 years or 24,000 miles, whichever first |
| Repair Attempts Required | 4 for same defect; 2 for safety defects |
| Days Out of Service | 30 calendar days |
| Notice Required | Written notice to manufacturer; at least 10 days to cure |
| State Arbitration | Available through Dept. of Consumer Protection |
| Mileage Offset | (Miles driven x Purchase Price) / 100,000 |
| Civil Penalty | $5,000-$10,000 for bad faith |
| Attorney's Fees | Yes, to prevailing consumer |
| Statute of Limitations | 3 years from original delivery |
This template is for informational purposes only and does not constitute legal advice. Consult a licensed Connecticut attorney before use.