LEMON LAW DEMAND LETTER

STATE OF INDIANA

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: INDIANA 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 Indiana Motor Vehicle Protection Act, Ind. Code Section 24-5-13-1 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. INDIANA LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Indiana Motor Vehicle Protection Act, Ind. Code Section 24-5-13-1 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 Ind. Code Section 24-5-13-5, a "motor vehicle" means:
- A new motor vehicle registered in Indiana
- Self-propelled vehicles designed primarily for transportation on public highways
- Excludes: Conversion vans, motor homes, farm tractors, off-road vehicles, mopeds, motorcycles, snowmobiles, 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 Indiana's Lemon Law.

C. Coverage Period

Indiana's Lemon Law applies during:
- The term of the express warranty OR 18 months or 18,000 miles following original delivery, whichever comes first. Ind. Code Section 24-5-13-8.

D. Presumption of Nonconformity

Under Ind. Code Section 24-5-13-11, 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 Ind. Code Section 24-5-13-10, the consumer must send written notification by certified mail to the manufacturer. The manufacturer has a reasonable opportunity (generally 10 business days) 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, market value, or safety as required under Ind. Code Section 24-5-13-6:

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. Indiana Lemon Law Presumption Met

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

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, meeting or exceeding the 4-repair threshold under Ind. Code Section 24-5-13-11(b)(1).

[ ] 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 Ind. Code Section 24-5-13-11(b)(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., which provides for attorney's fees to prevailing consumers.

VII. ARBITRATION NOTICE

Under Ind. Code Section 24-5-13-15, if [MANUFACTURER] sponsors an informal dispute settlement procedure that complies 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 compliant 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 compliant arbitration program in Indiana, and therefore arbitration is not required before bringing suit.

VIII. DEMAND FOR RELIEF

Pursuant to Ind. Code Section 24-5-13-8, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under Ind. Code Section 24-5-13-8(a)(1), the manufacturer must refund:

The reasonable allowance for use under Indiana law is the lesser of: (1) the mileage at first repair divided by 100,000 times the purchase price; or (2) any mileage charge in the lease agreement. Ind. Code Section 24-5-13-12.

[ ] REPLACEMENT

Under Ind. Code Section 24-5-13-8(a)(2), the manufacturer must provide a comparable new motor vehicle.

B. Additional Relief

1. Attorney's Fees and Costs: Under Ind. Code Section 24-5-13-17, 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 Ind. Code Section 24-5-13-10. The manufacturer has a reasonable time (not exceeding 10 business days) to cure the nonconformity after receiving this written notice.

Please contact the undersigned within five (5) business days to schedule the final repair attempt. If the defect is not cured within a reasonable time, 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 compliant arbitration program
[ ] File suit in the appropriate Indiana court
[ ] Report this matter to the Indiana Attorney General - Consumer Protection Division

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 Indiana 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]
Indiana Attorney General - Consumer Protection Division

INDIANA LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR INDIANA LEMON LAW CLAIMS

Pre-Filing Considerations

1. Coverage Period: Indiana's 18-month/18,000-mile coverage is more generous than some states.

2. Four Repair Attempts: Indiana requires four repair attempts for the presumption to apply.

3. Certified Mail: Indiana specifically requires written notice be sent by certified mail.

Procedural Requirements

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

2. 10 Business Days: The manufacturer generally has 10 business days to cure after receiving notice.

3. Attorney General: Consider filing a complaint with the Indiana Attorney General's Consumer Protection Division.

Damages Calculation

1. Use Allowance Formula: (Miles at First Repair / 100,000) x Purchase Price.

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

3. Attorney's Fees: Available under Ind. Code Section 24-5-13-17 to prevailing consumers.

Excluded Vehicles

Indiana excludes many vehicle types. Verify the vehicle qualifies before proceeding:
- No conversion vans, motor homes, farm tractors
- No off-road vehicles, mopeds, motorcycles, snowmobiles
- No vehicles over 10,000 lbs GVWR

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