LEMON LAW DEMAND LETTER

STATE OF MAINE

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: MAINE 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 Maine Lemon Law, 10 M.R.S.A. Section 1161 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. MAINE LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Maine Lemon Law, 10 M.R.S.A. Section 1161 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 10 M.R.S.A. Section 1161(5), a "consumer motor vehicle" means:
- A new motor vehicle purchased or leased in Maine
- Used primarily for personal, family, or household purposes
- Excludes: Commercial vehicles over 8,500 pounds GVWR, motorcycles, and motor homes

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

C. Coverage Period

Maine's Lemon Law applies during:
- The term of the express warranty OR three (3) years following original delivery. 10 M.R.S.A. Section 1163(1).

D. Presumption of Nonconformity

Under 10 M.R.S.A. Section 1163(2), 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 three (3) or more times without success; OR

2. Serious Safety Defect: A nonconformity creating a serious safety hazard has been subject to repair one (1) or more times; OR

3. 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 10 M.R.S.A. Section 1163(1), the consumer must provide written notification to the manufacturer of the need for repair. The manufacturer has one final opportunity (not to exceed 7 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 10 M.R.S.A. Section 1161(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

[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]

Summary of Repair Attempts

VI. LEMON LAW QUALIFICATION

A. Maine Lemon Law Presumption Met

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

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, exceeding the 3-repair threshold under 10 M.R.S.A. Section 1163(2)(A).

[ ] Serious Safety Defect:
A serious safety defect has been subject to repair [NUMBER] times, meeting the 1-repair threshold for safety defects under 10 M.R.S.A. Section 1163(2)(A-1).

[ ] 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 under 10 M.R.S.A. Section 1163(2)(B).

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 10 M.R.S.A. Section 1165, the consumer may (but is not required to) use the manufacturer's informal dispute settlement procedure. Additionally, Maine provides a state-administered arbitration program through the Attorney General's office.

[ ] Our Client may elect to use [MANUFACTURER]'s arbitration program but is not required to do so before bringing suit.

[ ] Our Client may elect to use the Maine Attorney General's binding arbitration program under 10 M.R.S.A. Section 1165-A.

VIII. DEMAND FOR RELIEF

Pursuant to 10 M.R.S.A. Section 1163(1), we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under 10 M.R.S.A. Section 1163(1)(A), the manufacturer must refund:

The reasonable allowance for use under Maine 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. 10 M.R.S.A. Section 1163(1)(A).

[ ] REPLACEMENT

Under 10 M.R.S.A. Section 1163(1)(B), the manufacturer must provide a comparable new motor vehicle.

B. Additional Relief

1. Attorney's Fees and Costs: Under 10 M.R.S.A. Section 1165, a prevailing consumer may recover reasonable attorney's fees and costs.

2. Punitive Damages: Under 10 M.R.S.A. Section 1165, if the manufacturer's refusal to comply was in bad faith, the consumer may recover up to twice the actual damages.

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

4. 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 10 M.R.S.A. Section 1163(1). 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 proceed with litigation or state-administered 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:

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:

[ ] Request binding arbitration through the Maine Attorney General
[ ] File suit in the appropriate Maine court
[ ] Report this matter to the Maine 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 Maine law.

We urge you to resolve this matter promptly and avoid unnecessary litigation. Please note that Maine law provides for punitive damages up to twice the actual damages if the manufacturer's refusal to comply is in bad faith.

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]
Maine Attorney General - Consumer Protection Division

MAINE LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR MAINE LEMON LAW CLAIMS

Pre-Filing Considerations

1. Long Coverage Period: Maine provides 3 years of coverage, longer than most states.

2. Low Thresholds: Maine requires only 3 repair attempts and 15 business days out of service, more consumer-friendly than many states.

3. Serious Safety Defect: Only one repair attempt is required for serious safety defects.

Procedural Requirements

1. Arbitration Optional: Unlike many states, Maine does not require arbitration before filing suit.

2. State Arbitration Program: The Attorney General administers a binding arbitration program that consumers may elect to use.

3. 7-Business-Day Cure Period: The manufacturer has only 7 business days for the final repair attempt.

Damages Calculation

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

2. Punitive Damages: Up to 2x actual damages available for bad faith refusal to comply.

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

Strategic Considerations

1. Bad Faith: Document any evidence of manufacturer bad faith to support punitive damages claim.

2. Binding Arbitration: The state-administered arbitration program provides a binding decision, which may be advantageous.

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