LEMON LAW DEMAND LETTER

DISTRICT OF COLUMBIA

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: D.C. 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 District of Columbia Automobile Lemon Law, D.C. Code Section 50-501 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. D.C. LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the District of Columbia Automobile Lemon Law, D.C. Code Section 50-501 et seq.

B. Covered Vehicles

Under D.C. Code Section 50-501(1), a "consumer" is one who purchases or leases a new motor vehicle in the District of Columbia. Covered vehicles include:
- New motor vehicles
- Leased vehicles (lessee has rights)
- Excludes: Motorcycles, motor homes, and vehicles used primarily for commercial purposes

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

C. Coverage Period

D.C.'s Lemon Law applies during:
- 18 months following original delivery; OR
- 18,000 miles of operation
- Whichever occurs first. D.C. Code Section 50-502(a).

D. Presumption of Nonconformity

Under D.C. Code Section 50-503, there is a rebuttable presumption that a reasonable number of attempts have been made if, within the coverage period:

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; OR

3. Brakes or Steering: The brakes or steering have been subject to repair two (2) or more times and continue to malfunction.

E. Manufacturer Notice Requirement

Under D.C. Code Section 50-503(a), the consumer must give written notice by certified mail to the manufacturer of the nonconformity. The manufacturer then has 10 business days for a final repair attempt.

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 D.C. Code Section 50-502:

PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Brakes or Steering: [ ] Yes [ ] No - [IF YES, 2-REPAIR THRESHOLD APPLIES]
- 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. D.C. Lemon Law Presumption Met

Our Client's vehicle qualifies as a lemon under D.C. law because:

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, meeting or exceeding the 4-repair threshold under D.C. Code Section 50-503(a)(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 D.C. Code Section 50-503(a)(2).

[ ] Brakes/Steering Defect Threshold Met:
A brake or steering defect has been subject to repair [NUMBER] times, meeting or exceeding the 2-repair threshold under D.C. Code Section 50-503(a)(3).

B. Magnuson-Moss Warranty Act

In addition to D.C. 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 D.C. Code Section 50-504, 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.

**[ ] [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.

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

VIII. DEMAND FOR RELIEF

Pursuant to D.C. Code Section 50-502, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under D.C. Code Section 50-502(a), the manufacturer must refund:

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

[ ] REPLACEMENT

Under D.C. Code Section 50-502(b), the manufacturer must provide a comparable motor vehicle.

B. Additional Relief

1. Treble Damages: Under D.C. Code Section 50-505, a prevailing consumer may recover up to three times the amount of actual damages.

2. Attorney's Fees and Costs: Under D.C. Code Section 50-505, a prevailing consumer may recover 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 by certified mail as required under D.C. Code Section 50-503(a). The manufacturer has ten (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 we do not receive a satisfactory response, our Client will:

[ ] Submit this matter to the manufacturer's arbitration program
[ ] File suit in the Superior Court of the District of Columbia
[ ] Report this matter to the D.C. Attorney General

XII. STATUTE OF LIMITATIONS

Please be advised that claims under D.C.'s Lemon Law must be brought within 18 months from 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 D.C. 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]
District of Columbia Attorney General - Office of Consumer Protection

D.C. LEMON LAW QUICK REFERENCE

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