LEMON LAW DEMAND LETTER

STATE OF KANSAS

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: KANSAS 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 Kansas Consumer Protection Act, K.S.A. Section 50-645 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. KANSAS LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Kansas Consumer Protection Act (Lemon Law provisions), K.S.A. Section 50-645 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 K.S.A. Section 50-645(a), a "consumer" includes one who purchases or leases a new motor vehicle for purposes other than resale. The law covers:
- New motor vehicles sold or leased in Kansas
- Self-propelled passenger vehicles
- Excludes: Motor homes, motorcycles, and vehicles over 12,000 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 Kansas's Lemon Law.

C. Coverage Period

Kansas's Lemon Law applies during:
- The term of the express warranty OR one (1) year or 12,000 miles following original delivery, whichever comes first. K.S.A. Section 50-645(b).

D. Presumption of Nonconformity

Under K.S.A. Section 50-645(c), 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 calendar days (need not be consecutive).

E. Manufacturer Notice Requirement

Under K.S.A. Section 50-645(b), the consumer must provide written notification to the manufacturer of the need for repair. The manufacturer has one additional opportunity (not to exceed 10 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, value, or safety as required under K.S.A. Section 50-645:

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. Kansas Lemon Law Presumption Met

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

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, meeting or exceeding the 4-repair threshold under K.S.A. Section 50-645(c)(1).

[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] calendar days, exceeding the 30-day threshold under K.S.A. Section 50-645(c)(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 K.S.A. Section 50-645(d), 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 Kansas, and therefore arbitration is not required before bringing suit.

VIII. DEMAND FOR RELIEF

Pursuant to K.S.A. Section 50-645(b), we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under K.S.A. Section 50-645(b)(1), the manufacturer must refund:

The reasonable allowance for use under Kansas law is calculated based on the mileage attributable to the consumer before the first notice of nonconformity. K.S.A. Section 50-645(b)(1).

[ ] REPLACEMENT

Under K.S.A. Section 50-645(b)(2), the manufacturer must provide a comparable new motor vehicle.

B. Additional Relief

1. Attorney's Fees and Costs: Under K.S.A. Section 50-654, 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 K.S.A. Section 50-645(b). The manufacturer has ten (10) days from receipt of this notice to cure the nonconformity.

Please contact the undersigned within five (5) business days to schedule the final repair attempt. If the defect is not cured within the 10-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 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 Kansas court
[ ] Report this matter to the Kansas 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 Kansas 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]
Kansas Attorney General - Consumer Protection Division

KANSAS LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR KANSAS LEMON LAW CLAIMS

Pre-Filing Considerations

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

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

3. Calendar Days: Kansas counts calendar days for the 30-day out-of-service threshold.

Procedural Requirements

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

2. 10-Day Cure Period: The manufacturer has 10 days to cure after receiving notice.

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

Damages Calculation

1. Use Allowance: Based on mileage before 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 K.S.A. Section 50-654 to prevailing consumers.

Additional Remedies

1. Kansas Consumer Protection Act: The lemon law is part of the broader Kansas Consumer Protection Act, which may provide additional remedies.

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 Kansas attorney before use.