LEMON LAW DEMAND LETTER

STATE OF MINNESOTA

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: MINNESOTA 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 Minnesota Motor Vehicle Warranty Rights Act, Minn. Stat. Section 325F.665, 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. MINNESOTA LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Minnesota Motor Vehicle Warranty Rights Act, Minn. Stat. Section 325F.665, which provides protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.

B. Covered Vehicles

Under Minn. Stat. Section 325F.665, subd. 2, a "new motor vehicle" means:
- A new motor vehicle purchased or leased in Minnesota
- Used primarily for personal, family, or household purposes
- Excludes: Motor homes, motorcycles, and vehicles designed primarily for off-road use

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

C. Coverage Period

Minnesota's Lemon Law applies during:
- The term of the express warranty OR two (2) years following original delivery, whichever comes first.

D. Presumption of Nonconformity

Under Minn. Stat. Section 325F.665, subd. 4, 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. Serious Safety Defect: A nonconformity that creates 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 30 or more business days (need not be consecutive).

E. Manufacturer Notice Requirement

Under Minn. Stat. Section 325F.665, subd. 3, the consumer must provide written notification by certified mail to the manufacturer of the need for repair. The manufacturer has one additional 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 Minn. Stat. Section 325F.665:

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. Minnesota Lemon Law Presumption Met

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

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, meeting or exceeding the 4-repair threshold under Minn. Stat. Section 325F.665, subd. 4(a).

[ ] Serious Safety Defect:
A serious safety defect has been subject to repair [NUMBER] times, meeting the 1-repair threshold for safety defects under Minn. Stat. Section 325F.665, subd. 4(b).

[ ] 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 Minn. Stat. Section 325F.665, subd. 4(c).

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 Minn. Stat. Section 325F.665, subd. 6, 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 certified 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 certified arbitration program in Minnesota, and therefore arbitration is not required before bringing suit.

VIII. DEMAND FOR RELIEF

Pursuant to Minn. Stat. Section 325F.665, subd. 3, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under Minn. Stat. Section 325F.665, subd. 3(a), the manufacturer must refund:

The reasonable allowance for use under Minnesota law is calculated by multiplying the purchase price by a fraction having as its denominator 120,000 and the number of miles driven prior to the first report of nonconformity as its numerator. Minn. Stat. Section 325F.665, subd. 3(a).

[ ] REPLACEMENT

Under Minn. Stat. Section 325F.665, subd. 3(b), the manufacturer must provide a comparable new motor vehicle.

B. Additional Relief

1. Attorney's Fees and Costs: Under Minn. Stat. Section 325F.665, subd. 7, 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 Minn. Stat. Section 325F.665, subd. 3. 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 (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 certified arbitration program
[ ] File suit in the appropriate Minnesota court
[ ] Report this matter to the Minnesota 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 Minnesota 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]
Minnesota Attorney General - Consumer Protection Division

MINNESOTA LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR MINNESOTA LEMON LAW CLAIMS

Pre-Filing Considerations

1. Serious Safety Defect: Minnesota provides enhanced protection for serious safety hazards, requiring only one repair attempt.

2. Business Days: Minnesota counts business days for the 30-day out-of-service threshold.

3. Certified Mail: Minnesota specifically requires written notice 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. Final Repair Opportunity: The manufacturer is entitled to one final repair attempt after receiving notice.

3. Minnesota Attorney General: Consider filing a complaint for additional leverage.

Damages Calculation

1. Use Allowance: Minnesota uses a 120,000-mile denominator for calculating the use allowance, which is favorable to consumers.

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

3. Attorney's Fees: Available under Minn. Stat. Section 325F.665, subd. 7 to prevailing consumers.

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