LEMON LAW DEMAND LETTER

STATE OF DELAWARE

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: DELAWARE 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 Delaware Lemon Law, Del. Code Ann. tit. 6, Section 5001 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. DELAWARE LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Delaware Automobile Lemon Law, Del. Code Ann. tit. 6, Section 5001 et seq.

B. Covered Vehicles

Under Del. Code Ann. tit. 6, Section 5001(1), a "motor vehicle" means:
- A new motor vehicle sold or registered in Delaware
- Primarily designed for transportation of persons or property
- Excludes: Motor homes, motorcycles, and off-road vehicles

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

C. Coverage Period

Delaware's Lemon Law applies during:
- The term of the express warranty; OR
- One (1) year following original delivery
- Whichever is earlier. Del. Code Ann. tit. 6, Section 5002.

D. Presumption of Nonconformity

Under Del. Code Ann. tit. 6, Section 5004, 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 Del. Code Ann. tit. 6, Section 5004(b), the consumer must give written notice to the manufacturer of the defect. The manufacturer then has a reasonable opportunity to cure the defect.

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 Del. Code Ann. tit. 6, Section 5002:

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. Delaware Lemon Law Presumption Met

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

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, meeting or exceeding the 4-repair threshold under Del. Code Ann. tit. 6, Section 5004(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 Del. Code Ann. tit. 6, Section 5004(a)(2).

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 Del. Code Ann. tit. 6, Section 5005, if [MANUFACTURER] has established an informal dispute settlement procedure that complies with federal regulations, 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 Del. Code Ann. tit. 6, Section 5003, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under Del. Code Ann. tit. 6, Section 5003(a), the manufacturer must refund:

The reasonable allowance for use is based on the vehicle's mileage at the time of repurchase.

[ ] REPLACEMENT

Under Del. Code Ann. tit. 6, Section 5003(b), the manufacturer must provide a comparable motor vehicle.

B. Additional Relief

1. Attorney's Fees and Costs: Under Del. Code Ann. tit. 6, Section 5007, a prevailing consumer may recover reasonable attorney's fees.

2. 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 Del. Code Ann. tit. 6, Section 5004(b). The manufacturer has a reasonable opportunity to cure the defect.

Please contact the undersigned within ten (10) business days to schedule a final repair attempt or arrange for repurchase/replacement. 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 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. Scheduling of a final repair opportunity, if desired

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

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

XII. 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 Delaware 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]
Delaware Attorney General - Consumer Protection Unit

DELAWARE LEMON LAW QUICK REFERENCE

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