Lemon Law Demand Letter — Minnesota

MINNESOTA LEMON LAW (NEW MOTOR VEHICLE WARRANTIES)

LEMON LAW DEMAND LETTER AND STATUTORY NOTICE — MINN. STAT. § 325F.665

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY — SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

[__/__/____]

[MANUFACTURER LEGAL NAME]
ATTN: Customer Relations / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]

[DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, MINNESOTA ZIP]

Re: MINNESOTA LEMON LAW DEMAND — MINN. STAT. § 325F.665 — CERTIFIED MAIL STATUTORY NOTICE
Consumer/Owner: [________________________________]
Vehicle: [____] [________________________________] [________________________________] [________________________________]
(Year) (Make) (Model) (Trim Level)
VIN: [________________________________]
Purchase/Lease Date: [__/__/____]
Current Mileage: [____]
Mileage at First Reported Nonconformity: [____]

Dear Sir or Madam:

This law firm represents [________________________________] ("Consumer" or "Client") in connection with the above-referenced vehicle, which qualifies as a "lemon" under the Minnesota Lemon Law (New Motor Vehicle Warranties), Minn. Stat. § 325F.665.

THIS LETTER CONSTITUTES THE PRIOR WRITTEN NOTIFICATION REQUIRED UNDER MINN. STAT. § 325F.665, SUBD. 3(e), giving the manufacturer written notice of the nonconformity and an opportunity to cure it — a precondition to relying on a subdivision 3(b) presumption. (Certified mail is used here for proof of receipt; the statute requires "prior written notification," and separately requires a dealer who receives the notice to forward it to the manufacturer by certified mail.) Failure to cure the nonconformity after this opportunity will support our Client's demand for the applicable refund or, for a purchased vehicle, a comparable replacement.

I. MINNESOTA LEMON LAW — STATUTORY FRAMEWORK

A. Core Minnesota Lemon Law Rules

Minnesota's Lemon Law, Minn. Stat. § 325F.665, provides these core rules:

1. Coverage Period: The consumer must report the nonconformity within the term of the express warranty OR two (2) years following original delivery, whichever is the EARLIER date (subd. 2). A separate three-year backstop (subd. 3(f)) preserves the refund/replacement remedy where the reasonable repair attempts occur within three years of delivery and the defect was first reported during the warranty term.

2. Days Out of Service: Minnesota uses 30 business days out of service (subd. 3(b)(2)).

3. One Attempt for Braking/Steering Failure: Where the nonconformity is a complete failure of the braking or steering system likely to cause death or serious injury, a single repair attempt triggers the presumption (subd. 3(c)).

4. Use Allowance Is Capped: The refund's use allowance may not exceed the lesser of 10¢ per mile driven or 10% of the purchase price (subd. 3(a)) — a firm cap that protects the consumer's recovery.

5. Treble Damages and Attorney's Fees: A consumer injured by a violation may bring a civil action and recover costs and reasonable attorney's fees (subd. 9), and a court shall award treble (3×) actual damages to the prevailing party for a bad-faith removal meeting subdivision 8's standard.

B. Governing Statutes

C. Covered Vehicles — Minn. Stat. § 325F.665, Subd. 1(f) · Covered Consumers — Subd. 1(b)

Under Minn. Stat. § 325F.665, subd. 1(f), a covered "motor vehicle" is: (1) a passenger automobile (as defined in § 168.002, subd. 24), including pickup trucks and vans; (2) the self-propelled chassis or van portion of a recreational vehicle; and (3) the self-propelled chassis or van portion of an ambulance. Vehicles outside that definition (e.g., motorcycles, off-road vehicles, and the living-quarters portion of a motor home) are not covered.

A "consumer" (subd. 1(b)) is the purchaser or lessee (not for resale or sublease) of a new motor vehicle used for personal, family, or household purposes at least 40% of the time, plus certain transferees during the warranty and licensed ambulance services. A "manufacturer" (subd. 1(c)) is one that makes or distributes at least ten new motor vehicles a year.

Applicable Vehicle: The vehicle that is the subject of this demand is a new [____] [________________________________] [________________________________] covered under Minn. Stat. § 325F.665.

D. Coverage / Reporting Period — Minn. Stat. § 325F.665, Subd. 2

The manufacturer's duty to repair attaches if the consumer reports the nonconformity during:

• The term of the applicable express warranty, OR
• Two (2) years following the original delivery date to the consumer

— whichever is the EARLIER date (subd. 2). Repairs must be made even if performed after that period expires.

Coverage Period in This Case: The vehicle was originally delivered on [__/__/____]. The express warranty expires on [__/__/____] at [____] miles. The applicable reporting period expires on [__/__/____] (the earlier of the warranty expiration or 2 years from delivery). All nonconformities were first reported within this period. (Even after this period, subd. 3(f) preserves the remedy if the reasonable repair attempts occur within three years of delivery and the defect was first reported during the warranty term.)

E. Presumption of a Reasonable Number of Repair Attempts — Minn. Stat. § 325F.665, Subd. 3(b)–(c)

Under Minn. Stat. § 325F.665, subd. 3(b) and 3(c), there is a rebuttable presumption that a reasonable number of attempts have been undertaken when any ONE of the following is met (within the warranty term or the two-year period, whichever is earlier):

Threshold 1 — Same Defect, Four Attempts (subd. 3(b)(1)):
The same nonconformity has been subject to repair four (4) or more times, and the nonconformity continues to exist.
☐ This threshold is met. See Repair History (Section V).

Threshold 2 — Complete Braking/Steering Failure, One Attempt (subd. 3(c)):
The nonconformity results in a complete failure of the braking or steering system likely to cause death or serious bodily injury if driven, and has been subject to repair at least once, and continues to exist.
☐ This threshold is met. The defect is a complete braking/steering failure as described in Section IV.

Threshold 3 — Days Out of Service, 30 Business Days (subd. 3(b)(2)):
The vehicle has been out of service by reason of repair for a cumulative total of 30 or more business days (need not be consecutive).
☐ This threshold is met. The vehicle has been out of service for [____] business days. See Repair History (Section V).

F. Prior Written Notice and Opportunity to Cure — Minn. Stat. § 325F.665, Subd. 3(e)

The presumption applies against the manufacturer only if the manufacturer, its agent, or its authorized dealer has received prior written notification from or on behalf of the consumer at least once and an opportunity to cure the defect (subd. 3(e)). The statute does not require the consumer to use certified mail — it requires "prior written notification" — but certified mail is used here to prove receipt. (If a dealer receives the notice, the dealer must forward it to the manufacturer by certified mail, return receipt requested.)

THIS LETTER CONSTITUTES THAT REQUIRED PRIOR WRITTEN NOTIFICATION AND OPPORTUNITY TO CURE.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

A. Manufacturer's Express Warranty

All nonconformities described in this letter arose and were first reported during the applicable warranty period and remain uncured.

IV. DESCRIPTION OF NONCONFORMITY

A. Nature of Defect(s)

The vehicle suffers from one or more nonconformities — defects or conditions that substantially impair the use or market value of the vehicle — within the meaning of Minn. Stat. § 325F.665, subd. 3(a). (A complete braking or steering failure is separately addressed under subd. 3(c).)

PRIMARY NONCONFORMITY:

• System/Component Affected: [________________________________]
• Detailed Description of Defect: [________________________________]
• Date of First Occurrence: [__/__/____] at [____] miles
• Symptoms Observed: [________________________________]
• Constitutes Serious Safety Hazard: ☐ Yes ☐ No
• If yes, describe hazard: [________________________________]
• Impairment of Use: [________________________________]
• Impairment of Market Value: [________________________________]
• Technical Service Bulletin(s) Related to Defect (if known): [________________________________]

SECONDARY NONCONFORMITY (if applicable):

• System/Component Affected: [________________________________]
• Detailed Description: [________________________________]
• Date of First Occurrence: [__/__/____] at [____] miles
• Constitutes Serious Safety Hazard: ☐ Yes ☐ No

V. REPAIR HISTORY

Repair Attempt No. 1

Repair Attempt No. 2

Repair Attempt No. 3

Repair Attempt No. 4

[Add additional repair attempt tables as needed]

Summary of All Repair Attempts

VI. LEMON LAW QUALIFICATION ANALYSIS

A. Minnesota Lemon Law Presumption Is Satisfied

Our Client's vehicle qualifies as a lemon under Minn. Stat. § 325F.665 because the following threshold(s) are met:

☐ Four-Repair Threshold (Minn. Stat. § 325F.665, Subd. 3(b)(1)):
The same nonconformity ([________________________________]) has been subject to [____] repair attempts and continues to exist, meeting the 4-attempt threshold.

☐ Complete Braking/Steering Failure (Minn. Stat. § 325F.665, Subd. 3(c)):
The nonconformity is a complete failure of the braking or steering system likely to cause death or serious injury, has been subject to [____] repair attempt(s), and continues to exist — satisfying the 1-attempt threshold.

☐ 30 Business Days Out of Service (Minn. Stat. § 325F.665, Subd. 3(b)(2)):
The vehicle has been out of service for a cumulative [____] business days, exceeding the 30-business-day threshold. Note: Minnesota uses business days, not calendar days.

B. All Defects Arose Within the Coverage Period

All nonconformities were first reported on or before [__/__/____], within the coverage period ending [__/__/____] (two years from original delivery of [__/__/____], or warranty expiration, whichever is earlier).

VII. INFORMAL DISPUTE SETTLEMENT MECHANISM — MINN. STAT. § 325F.665, SUBD. 6

Under Minn. Stat. § 325F.665, subd. 6, every manufacturer doing business in Minnesota must operate or participate in an informal dispute settlement mechanism located in Minnesota that complies with 16 C.F.R. Part 703. The refund/replacement provisions of subd. 3 do not apply to a consumer who has not first used this mechanism before commencing a civil action, unless the manufacturer allows the consumer to sue without first using it. A decision is nonbinding unless the parties agree otherwise (subd. 7). Any party may apply for a trial de novo; a manufacturer aggrieved by the decision must apply within 30 days after receipt, or the district court must confirm the decision on a party's application. An aggrieved consumer who applied to the mechanism within three years after delivery must commence a civil action within six months after the final decision (subd. 10).

☐ [MANUFACTURER] operates a qualifying mechanism. Our Client will submit to that mechanism, but reserves all legal rights. We request that [MANUFACTURER] provide the appropriate submission forms within ten (10) business days.

☐ [MANUFACTURER] allows suit without first using the mechanism. The written waiver or permission is attached, so our Client may proceed directly under subdivision 6(a).

If the manufacturer has failed to provide the mechanism required by subdivision 6, counsel should determine the procedural consequence before filing rather than assuming the first-use requirement is automatically excused.

VIII. DEMAND FOR RELIEF — MINN. STAT. § 325F.665, SUBD. 3

Pursuant to Minn. Stat. § 325F.665, subd. 3, we hereby demand the following relief:

A. Final Repair Opportunity

This letter provides [MANUFACTURER] with a written notice and opportunity to cure as required by Minn. Stat. § 325F.665, subd. 3(e). To schedule that repair attempt, contact the undersigned attorney within ten (10) business days of receipt of this letter. If the defect is not cured following that attempt, our Client will pursue all available remedies.

B. Primary Relief (Select One)

☐ REPURCHASE / FULL REFUND — Minn. Stat. § 325F.665, Subd. 3(a)

The manufacturer must refund the following amounts (subd. 3(a)):

Minnesota Use Allowance — Minn. Stat. § 325F.665, Subd. 3(a):

The reasonable allowance for use may not exceed the lesser of (i) ten cents (10¢) per mile driven, or (ii) ten percent (10%) of the purchase price — and applies only to use during periods in which the use and market value were not substantially impaired.

Allowance = lesser of [ [____] miles × $0.10 = $[____] ] or [ 10% × $[____] price = $[____] ] = $[____]

There is no "120,000-mile" divisor in Minnesota's statute; the offset is the hard 10¢/mile-or-10% cap above.

The full purchase price must reflect the dealer-stated trade-in value plus the additional amount paid for the new vehicle; do not add those components again after entering the full purchase price. The sales or excise tax component equals the tax paid less the tax paid multiplied by the use allowance divided by the purchase price (subd. 3(h)).

In addition, refunds must be made to the consumer and the lienholder as their interests appear on the records of the registrar of motor vehicles (subd. 3(a)):

[________________________________] (Lienholder)
Account No.: [________________________________]
Estimated Payoff: $[____]

☐ REPLACEMENT VEHICLE — Minn. Stat. § 325F.665, Subd. 3(a)

The manufacturer may instead provide a comparable motor vehicle, but the consumer has the option to reject the replacement and require a refund (subd. 3(a)). (For a leased vehicle, the consumer is entitled to a refund rather than a replacement, and the lease is terminated — subd. 4.)

Leased Vehicle Refund — Subd. 4: The consumer receives the full amount actually paid on the written lease, including subdivision 3 charges actually paid, less the use allowance. The lease terminates. The manufacturer separately refunds the lessor the vehicle's original purchase price plus early termination costs capped at 15% of that price, less the amount the consumer actually paid on the lease.

C. Additional Relief

In addition to repurchase or replacement, our Client demands:

1. Attorney's Fees, Costs, and Disbursements under Minn. Stat. § 325F.665, subd. 9 (any consumer injured by a violation may recover costs and reasonable attorney's fees in a civil action)
2. Treble (3×) Actual Damages under Minn. Stat. § 325F.665, subd. 8, if the manufacturer removes an arbitration decision to court in bad faith (frivolous/costly, or to delay recovery)
3. Reimbursement for towing and comparable rental-vehicle expenses incurred as a result of the vehicle being out of service for warranty repair (subd. 3(a))

IX. DOCUMENT AND VEHICLE PRESERVATION DIRECTIVE

You are hereby directed to immediately preserve and maintain:

• All repair orders, warranty claims, and service records for this vehicle
• All technical service bulletins (TSBs) related to the reported defect or similar defects in this model/year
• All customer complaints and warranty claims for similar defects on vehicles of the same model year
• All communications between the dealership and manufacturer regarding this vehicle
• All engineering analyses, root cause reports, and technical assessments related to the defect
• Dealer training materials regarding the defect
• The vehicle itself — do not sell, auction, export, disassemble, or materially alter the vehicle

Destruction, alteration, or failure to preserve relevant evidence may support a request for appropriate relief under the law governing the eventual proceeding.

X. RESPONSE DEADLINE AND LITIGATION NOTICE

Please respond to this demand in writing within fourteen (14) calendar days of the date of this letter with:

1. Your position on whether the vehicle qualifies under the Minnesota Lemon Law
2. Your written offer of repurchase or replacement, including all calculations
3. Scheduling of the final repair opportunity, if desired

If we do not receive a satisfactory response within the stated deadline, our Client will:

☐ Submit this matter to [MANUFACTURER]'s certified arbitration program (if applicable)
☐ File suit in the appropriate Minnesota District Court under Minn. Stat. § 325F.665
☐ File any independently verified additional claim supported by the facts
☐ File a complaint with the Minnesota Attorney General — Consumer Protection Division
☐ File a complaint with the National Highway Traffic Safety Administration (NHTSA)

XI. CONCLUSION

[MANUFACTURER] has had [____] repair attempts to cure this vehicle's nonconformity. Those attempts have failed. Our Client has been deprived of the benefit of the bargain and has suffered significant inconvenience, expense, and loss of use. Minnesota law entitles our Client to the applicable refund or, for a purchased vehicle, a comparable replacement.

We urge [MANUFACTURER] to resolve this matter promptly and fairly.

Respectfully submitted,

[________________________________]

By: _________________________________
[ATTORNEY NAME]
Minnesota Attorney Registration No. [____]
[ADDRESS]
[CITY, MINNESOTA ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [________________________________]

ENCLOSURES:
☐ Copies of all repair orders (Repair Attempts 1 through [____])
☐ Copy of purchase agreement or lease agreement
☐ Copy of manufacturer's warranty booklet
☐ Certificate of title / vehicle registration
☐ Photographs or videos of defect symptoms
☐ Prior written correspondence with manufacturer or dealer
☐ Rental car receipts and incidental damage documentation
☐ Authorization to represent client

cc: [________________________________] (Client)
[________________________________] (Lienholder/Leasing Company, if applicable)
Minnesota Attorney General — Consumer Protection Division
National Highway Traffic Safety Administration (NHTSA)

MINNESOTA LEMON LAW — LEGAL REQUIREMENTS QUICK REFERENCE

MINNESOTA-SPECIFIC PRACTICE NOTES

☐ 30 Business Days: Minnesota's out-of-service presumption uses business days. Preserve the full service calendar and have counsel confirm the calculation.

☐ Report Period vs. Backstop: The consumer must report within the earlier of the warranty term or 2 years from delivery (subd. 2); separately, subd. 3(f) preserves the remedy if the reasonable repair attempts occur within 3 years of delivery and the defect was first reported during the warranty term. The statute of limitations to sue is 3 years from delivery (subd. 10), or 6 months after an aggrieved consumer's IDSM decision.

☐ Use Allowance Is Capped, Not a Divisor: Minnesota has no "120,000-mile" formula. The offset may not exceed the lesser of 10¢/mile driven or 10% of the purchase price (subd. 3(a)), and applies only to non-impaired-use periods. If all 6,000 miles on a $30,000 vehicle qualify, the cap is the lesser of $600 (6,000 × $0.10) or $3,000 (10%) — i.e., $600.

☐ Written Notice + Opportunity to Cure (Not "Certified Mail Mandatory"): Subd. 3(e) requires prior written notification at least once and an opportunity to cure — it does not mandate that the consumer use certified mail (certified mail is required when a dealer forwards the notice to the manufacturer). Use certified mail anyway for proof of receipt, and keep the receipt/tracking.

☐ Treble Damages Leverage (subd. 8): If the manufacturer removes an arbitration decision to court in bad faith, the court shall award 3× actual damages plus costs and attorney's fees — a strong deterrent to meritless appeals worth citing in settlement discussions.

☐ Minnesota AG Complaint: The attorney general may bring an enforcement action for a violation under subdivision 9 and Minn. Stat. § 8.31.

SOURCES AND REFERENCES

• Minn. Stat. § 325F.665 — Minnesota Lemon Law (New Motor Vehicle Warranties): https://www.revisor.mn.gov/statutes/cite/325F.665 (arbitration/IDSM at subd. 6; treble damages subd. 8; attorney fees subd. 9; 3-year SOL subd. 10)
• Minn. Stat. § 8.31 — Attorney General enforcement authority: https://www.revisor.mn.gov/statutes/cite/8.31
• 16 C.F.R. Part 703 — FTC Informal Dispute Settlement Rules: https://www.ecfr.gov/current/title-16/chapter-I/subchapter-G/part-703
• Minnesota Attorney General — Consumer Protection: https://www.ag.state.mn.us/Consumer/
• National Highway Traffic Safety Administration (NHTSA) Complaints: https://www.nhtsa.gov/report-a-safety-problem

This template is for informational purposes only and does not constitute legal advice. Minnesota lemon law requires prior written notice and an opportunity to cure for the statutory presumption; certified mail is prudent proof but is not mandated for the consumer's notice. Consult a licensed Minnesota attorney before filing suit.