LEMON LAW DEMAND LETTER

STATE OF MARYLAND

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: MARYLAND 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 Maryland Automotive Warranty Enforcement Act, Md. Code, Com. Law Section 14-1501 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. MARYLAND LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Maryland Automotive Warranty Enforcement Act, Md. Code, Com. Law Section 14-1501 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 Md. Code, Com. Law Section 14-1501(g), a "new motor vehicle" means:
- A passenger car, truck, or motorcycle purchased, leased, or registered in Maryland
- Excludes: Motor homes and certain commercial vehicles

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

C. Coverage Period

Maryland's Lemon Law applies during:
- The warranty enforcement period: 15 months or 15,000 miles following original delivery, whichever comes first. Md. Code, Com. Law Section 14-1501(k).

D. Presumption of Nonconformity

Under Md. Code, Com. Law Section 14-1502(d), 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 days (need not be consecutive).

E. Manufacturer Notice Requirement

Under Md. Code, Com. Law Section 14-1502(c), the consumer must send written notification by certified mail to the manufacturer of the need for repair. The manufacturer has one final 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, market value, or safety as required under Md. Code, Com. Law Section 14-1501(h):

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. Maryland Lemon Law Presumption Met

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

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, meeting or exceeding the 4-repair threshold under Md. Code, Com. Law Section 14-1502(d)(1).

[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] days, exceeding the 30-day threshold under Md. Code, Com. Law Section 14-1502(d)(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 Md. Code, Com. Law Section 14-1503, if [MANUFACTURER] sponsors an informal dispute settlement procedure that complies with 16 C.F.R. Part 703, the consumer may be required to use it before bringing a civil action. Maryland also provides a state-administered arbitration program through the Attorney General's New Car Lemon Law Unit.

[ ] [MANUFACTURER] has a certified arbitration program. Our Client will comply with the arbitration requirement if applicable.

[ ] Our Client may elect to use the Maryland Attorney General's New Car Lemon Law Unit for arbitration.

[ ] [MANUFACTURER] does not have a certified arbitration program, and our Client may proceed directly to court.

VIII. DEMAND FOR RELIEF

Pursuant to Md. Code, Com. Law Section 14-1502(a), we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under Md. Code, Com. Law Section 14-1502(a)(1), the manufacturer must refund:

The reasonable allowance for use under Maryland 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

Under Md. Code, Com. Law Section 14-1502(a)(2), the manufacturer must provide a comparable new motor vehicle.

B. Additional Relief

1. Attorney's Fees and Costs: Under Md. Code, Com. Law Section 14-1504(a), 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 Md. Code, Com. Law Section 14-1502(c). The manufacturer is entitled to one additional attempt to cure the nonconformity after receiving this certified mail 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 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
[ ] Request arbitration through the Maryland Attorney General's New Car Lemon Law Unit
[ ] File suit in the appropriate Maryland court

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 Maryland 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]
Maryland Attorney General - New Car Lemon Law Unit

MARYLAND LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR MARYLAND LEMON LAW CLAIMS

Pre-Filing Considerations

1. Short Coverage Period: Maryland's 15-month/15,000-mile coverage is shorter than many states. Act quickly.

2. Certified Mail Required: Maryland specifically requires written notice by certified mail.

3. Motorcycle Coverage: Unlike many states, Maryland covers motorcycles under its lemon law.

Procedural Requirements

1. Arbitration Options: Consumers may use manufacturer arbitration or the state's New Car Lemon Law Unit.

2. New Car Lemon Law Unit: The Maryland Attorney General administers a state arbitration program that provides free dispute resolution.

3. Final Repair Opportunity: The manufacturer is entitled to one final repair attempt after receiving notice.

Damages Calculation

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

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

3. Attorney's Fees: Available to prevailing consumers.

State Resources

The Maryland Attorney General's New Car Lemon Law Unit provides:
- Free arbitration services
- Consumer assistance and information
- Complaint investigation

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