LEMON LAW DEMAND LETTER
COMMONWEALTH OF MASSACHUSETTS
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: MASSACHUSETTS 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 Massachusetts Lemon Law, M.G.L. c. 90 Section 7N 1/2, 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. MASSACHUSETTS LEMON LAW FRAMEWORK
A. Statutory Authority
This demand is made pursuant to the Massachusetts Lemon Law, M.G.L. c. 90 Section 7N 1/2, which provides protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.
B. Covered Vehicles
Under M.G.L. c. 90 Section 7N 1/2, a covered vehicle means:
- A new motor vehicle purchased or leased in Massachusetts
- Used primarily for personal, family, or household purposes
- Excludes: Motor homes, commercial vehicles over 10,000 pounds GVWR, 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 Massachusetts's Lemon Law.
C. Coverage Period
Massachusetts's Lemon Law applies during:
- The term of protection: One (1) year or 15,000 miles following original delivery, whichever comes first.
D. Presumption of Nonconformity
Under M.G.L. c. 90 Section 7N 1/2, there is a rebuttable presumption that a reasonable number of attempts have been made if:
-
Same Nonconformity: The same nonconformity has been subject to repair three (3) or more times without success; OR
-
Days Out of Service: The vehicle has been out of service by reason of repair for 15 or more business days (need not be consecutive).
E. Manufacturer Notice Requirement
Under M.G.L. c. 90 Section 7N 1/2, the consumer must provide written notification to the manufacturer of the need for repair. The manufacturer has seven (7) business days to cure the nonconformity after receiving such notice.
THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.
II. VEHICLE INFORMATION
| Item | Details |
|---|---|
| Owner/Lessee | [CONSUMER FULL NAME] |
| Co-Owner/Co-Lessee | [IF APPLICABLE] |
| Year/Make/Model | [YEAR] [MAKE] [MODEL] |
| Trim Level/Package | [TRIM] |
| Vehicle Identification Number | [VIN] |
| Purchase/Lease Date | [DATE] |
| Delivering Dealer | [DEALER NAME AND LOCATION] |
| Purchase Price / Cap Cost | $[AMOUNT] |
| Current Odometer Reading | [MILEAGE] |
| Mileage at First Repair Attempt | [MILEAGE] |
| Type of Transaction | [ ] Purchase [ ] Lease |
III. WARRANTY INFORMATION
A. Manufacturer's Warranty
| Warranty Type | Duration | Status |
|---|---|---|
| Basic/Bumper-to-Bumper | [YEARS]/[MILES] | [ ] Active [ ] Expired |
| Powertrain | [YEARS]/[MILES] | [ ] Active [ ] Expired |
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:
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
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Result | [ ] Defect persisted [ ] Defect returned |
Repair Attempt #2
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Result | [ ] Defect persisted [ ] Defect returned |
Repair Attempt #3
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Result | [ ] Defect persisted [ ] Defect returned |
[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]
Summary of Repair Attempts
| Defect | Number of Repair Attempts | Total Days Out of Service |
|---|---|---|
| [PRIMARY DEFECT] | [NUMBER] | [DAYS] |
| TOTAL | [NUMBER] | [DAYS] |
VI. LEMON LAW QUALIFICATION
A. Massachusetts Lemon Law Presumption Met
Our Client's vehicle qualifies as a lemon under Massachusetts law because:
[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, exceeding the 3-repair threshold.
[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] business days, exceeding the 15-business-day threshold.
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 M.G.L. c. 90 Section 7N 1/2, Massachusetts has a state-run arbitration program administered by the Office of the Attorney General. Consumers must use this program before filing a lawsuit.
Our Client intends to file a complaint with the Massachusetts Attorney General's Lemon Law Arbitration Program if this matter is not resolved.
The arbitration decision is binding on the manufacturer if the consumer accepts it, but the consumer may reject and proceed to court.
VIII. DEMAND FOR RELIEF
Pursuant to M.G.L. c. 90 Section 7N 1/2, we hereby demand:
A. Primary Relief (Choose One)
[ ] REPURCHASE/REFUND
The manufacturer must refund:
| Item | Amount |
|---|---|
| Full Contract Price | $[AMOUNT] |
| Plus: All Collateral Charges (taxes, fees, finance charges) | $[AMOUNT] |
| Plus: Incidental Damages (rental, towing, etc.) | $[AMOUNT] |
| Subtotal | $[AMOUNT] |
| Less: Reasonable Allowance for Use (see below) | ($[AMOUNT]) |
| TOTAL REFUND DUE | $[AMOUNT] |
The reasonable allowance for use under Massachusetts law is calculated by multiplying the purchase price by a fraction having as its denominator 100,000 and the number of miles driven prior to the first report of nonconformity as its numerator.
[ ] REPLACEMENT
The manufacturer must provide a comparable new motor vehicle.
B. Additional Relief
-
Attorney's Fees and Costs: A prevailing consumer may recover reasonable attorney's fees and costs.
-
Loan/Lease Payoff: The manufacturer must pay off any outstanding balance to the lienholder.
-
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 M.G.L. c. 90 Section 7N 1/2. The manufacturer has seven (7) business 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 7-business-day period, our Client will file for state arbitration.
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:
- Your position on whether the vehicle qualifies as a lemon
- Your offer for repurchase or replacement
- Scheduling of the final repair opportunity, if desired
If we do not receive a satisfactory response, our Client will:
[ ] File for arbitration with the Massachusetts Attorney General's Lemon Law Program
[ ] Report this matter to the Massachusetts 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 Massachusetts law.
We urge you to resolve this matter promptly and avoid unnecessary arbitration and litigation.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[BBO 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]
Massachusetts Attorney General - Consumer Protection Division
MASSACHUSETTS LEMON LAW QUICK REFERENCE
| Element | Massachusetts Requirement |
|---|---|
| Statute | M.G.L. c. 90 Section 7N 1/2 |
| Coverage | New consumer motor vehicles |
| Excludes | Motor homes, commercial vehicles over 10,000 lbs GVWR, off-road vehicles |
| Coverage Period | 1 year or 15,000 miles, whichever first |
| Repair Attempts Required | 3 for same defect |
| Days Out of Service | 15 business days |
| Notice Required | Written notice to manufacturer; 7-business-day final repair opportunity |
| Arbitration Required | Yes, state-run arbitration mandatory before litigation |
| Mileage Offset | (Purchase Price) x (Miles at First Repair / 100,000) |
| Civil Penalty | No |
| Attorney's Fees | Yes, to prevailing consumer |
| Statute of Limitations | Within term of protection |
PRACTICE NOTES FOR MASSACHUSETTS LEMON LAW CLAIMS
Pre-Filing Considerations
-
Short Coverage Period: Massachusetts has a shorter coverage period (1 year/15,000 miles). Act quickly.
-
Low Thresholds: Only 3 repair attempts or 15 business days out of service are required.
-
Business Days: Massachusetts counts business days for the out-of-service threshold.
Procedural Requirements
-
Mandatory State Arbitration: Consumers must use the state's arbitration program before filing suit.
-
Attorney General Program: The Massachusetts Attorney General administers a free, binding (on manufacturer) arbitration program.
-
7-Business-Day Cure: The manufacturer has only 7 business days for the final repair attempt.
Damages Calculation
-
Use Allowance: (Purchase Price) x (Miles at First Repair / 100,000).
-
Collateral Charges: Include all taxes, fees, and finance charges in the refund demand.
-
Attorney's Fees: Available to prevailing consumers.
State Arbitration Program
The Massachusetts Attorney General's Lemon Law Program:
- Free to consumers
- Binding on manufacturer if consumer accepts
- Consumer may reject decision and go to court
- Hearings typically within 45 days
This template is for informational purposes only and does not constitute legal advice. Consult a licensed Massachusetts attorney before use.