LEMON LAW DEMAND LETTER

STATE OF ILLINOIS

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: ILLINOIS 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 Illinois New Vehicle Buyer Protection Act, 815 ILCS 380/1 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. ILLINOIS LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Illinois New Vehicle Buyer Protection Act, 815 ILCS 380/1 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 815 ILCS 380/1, a "new vehicle" means:
- A motor vehicle that has not been previously titled
- Purchased or leased in Illinois
- Excludes: Motorcycles, recreational vehicles, and vehicles over 8,000 pounds GVWR designed for commercial use

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

C. Coverage Period

Illinois's Lemon Law applies during:
- The first 12 months or 12,000 miles following delivery, whichever comes first. 815 ILCS 380/2.

D. Presumption of Nonconformity

Under 815 ILCS 380/3, 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 without success; OR

2. Days Out of Service: The vehicle has been out of service by reason of repair for 30 or more business days (need not be consecutive).

E. Manufacturer Notice Requirement

Under 815 ILCS 380/2, the consumer must provide written notification to the manufacturer of the need for repair. The manufacturer has one additional opportunity to cure the nonconformity after receiving such notice.

THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

A. Manufacturer's Warranty

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 815 ILCS 380/2:

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. Illinois Lemon Law Presumption Met

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

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, meeting or exceeding the 4-repair threshold under 815 ILCS 380/3.

[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] business days, exceeding the 30-business-day threshold under 815 ILCS 380/3.

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., which provides for attorney's fees to prevailing consumers.

VII. ARBITRATION NOTICE

Under 815 ILCS 380/5, if [MANUFACTURER] sponsors an informal dispute settlement procedure that is certified by the Attorney General as complying with 16 C.F.R. Part 703, the consumer must first submit the dispute to that procedure before bringing a civil action.

[ ] [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 in Illinois, and therefore arbitration is not required before bringing suit.

VIII. DEMAND FOR RELIEF

Pursuant to 815 ILCS 380/2, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under 815 ILCS 380/2(a), the manufacturer must refund:

The reasonable allowance for use under Illinois law is calculated based on the mileage driven prior to the first notice of the nonconformity. 815 ILCS 380/2(a).

[ ] REPLACEMENT

Under 815 ILCS 380/2(b), the manufacturer must provide a comparable new motor vehicle.

B. Additional Relief

1. Attorney's Fees and Costs: Under 815 ILCS 380/6, a prevailing consumer may recover reasonable attorney's fees and costs.

2. Loan/Lease Payoff: The manufacturer must pay off any outstanding balance to the lienholder.

3. Incidental Damages: All incidental damages including rental car expenses, towing charges, and other costs incurred as a result of the nonconformity.

IX. FINAL REPAIR OPPORTUNITY

This letter provides [MANUFACTURER] with the final repair opportunity required under 815 ILCS 380/2. The manufacturer is entitled to one additional attempt to cure the nonconformity after receiving this written notice.

Please contact the undersigned within ten (10) 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 fourteen (14) 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 Illinois court
[ ] Report this matter to the Illinois 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 Illinois 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]
Illinois Attorney General - Consumer Protection Division

ILLINOIS LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR ILLINOIS LEMON LAW CLAIMS

Pre-Filing Considerations

1. Short Coverage Period: Illinois has a shorter coverage period (12 months/12,000 miles) than many states. Time claims carefully.

2. Four Repair Attempts: Illinois requires four repair attempts, higher than many states.

3. Business Days: Illinois counts business days for the 30-day out-of-service threshold.

Procedural Requirements

1. Arbitration First: If the manufacturer has an Attorney General-certified arbitration program, the consumer must use it before filing suit.

2. Illinois Attorney General: The Attorney General certifies manufacturer arbitration programs and may assist with complaints.

3. Written Notice: Ensure proper written notice is sent to the manufacturer.

Damages Calculation

1. Use Allowance: Based on mileage prior to the first notice of nonconformity.

2. Collateral Charges: Include all taxes, fees, and finance charges in the refund demand.

3. Attorney's Fees: Available under 815 ILCS 380/6 to prevailing consumers.

Additional Remedies

1. Consumer Fraud Act: Consider additional claims under the Illinois Consumer Fraud and Deceptive Business Practices Act.

2. Magnuson-Moss: Federal warranty claims may provide additional remedies.

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