LEMON LAW DEMAND LETTER

STATE OF NEW YORK

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: NEW YORK 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 New York Lemon Law, N.Y. Gen. Bus. Law Section 198-a, 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. NEW YORK LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the New York Lemon Law, N.Y. Gen. Bus. Law Section 198-a, which provides protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.

B. Covered Vehicles

Under N.Y. Gen. Bus. Law Section 198-a(a)(1), a "motor vehicle" means:
- A new motor vehicle purchased, leased, or transferred in New York
- Used primarily for personal, family, or household purposes
- Including passenger cars and vehicles used primarily for transportation of passengers (including motorcycles)
- Excludes: Motor homes 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 New York's Lemon Law.

C. Coverage Period

New York's Lemon Law applies during:
- The earlier of: two (2) years or 18,000 miles following original delivery. N.Y. Gen. Bus. Law Section 198-a(b).

D. Presumption of Nonconformity

Under N.Y. Gen. Bus. Law Section 198-a(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. Serious Safety Defect: A nonconformity substantially impairing the vehicle's safety has been subject to repair two (2) or more times; OR

3. Days Out of Service: The vehicle has been out of service by reason of repair for 30 or more calendar days (need not be consecutive).

E. Manufacturer Notice Requirement

Under N.Y. Gen. Bus. Law Section 198-a(c), the consumer must provide written notification by certified mail to the manufacturer of the need for repair. The manufacturer has one additional opportunity (not to exceed 20 days in the case of used cars, and a reasonable period for new cars) 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 value as required under N.Y. Gen. Bus. Law Section 198-a(b):

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. New York Lemon Law Presumption Met

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

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, meeting or exceeding the 4-repair threshold under N.Y. Gen. Bus. Law Section 198-a(d)(1).

[ ] Serious Safety Defect:
A nonconformity substantially impairing the vehicle's safety has been subject to repair [NUMBER] times, meeting the 2-repair threshold for safety defects under N.Y. Gen. Bus. Law Section 198-a(d)(2).

[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] calendar days, exceeding the 30-day threshold under N.Y. Gen. Bus. Law Section 198-a(d)(3).

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 N.Y. Gen. Bus. Law Section 198-a(g) and (h), New York has established a New Motor Vehicle Lemon Law Arbitration Program administered by the Attorney General. Consumers must use this program before filing a lawsuit, unless the manufacturer fails to participate.

Our Client intends to file a complaint with the New York State Lemon Law Arbitration Program if this matter is not resolved.

[ ] [MANUFACTURER] participates in the New York State Lemon Law Arbitration Program.

[ ] If [MANUFACTURER] does not participate in the state program and has a certified alternative dispute mechanism, our Client may be required to use it first.

VIII. DEMAND FOR RELIEF

Pursuant to N.Y. Gen. Bus. Law Section 198-a(c), we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under N.Y. Gen. Bus. Law Section 198-a(c)(1), the manufacturer must refund:

The reasonable allowance for use under New York law is calculated by multiplying the purchase price by a fraction having as its numerator the number of miles driven prior to the first repair attempt for the nonconformity and 100,000 as its denominator. N.Y. Gen. Bus. Law Section 198-a(c)(1).

[ ] REPLACEMENT

Under N.Y. Gen. Bus. Law Section 198-a(c)(2), the manufacturer must provide a comparable new motor vehicle.

B. Additional Relief

1. Attorney's Fees and Costs: Under N.Y. Gen. Bus. Law Section 198-a(k), 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 N.Y. Gen. Bus. Law Section 198-a(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 within a reasonable time, our Client will file for arbitration through the New York State Lemon Law Arbitration Program.

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:

[ ] File for arbitration with the New York State Lemon Law Arbitration Program
[ ] Report this matter to the New York Attorney General - Consumer Frauds Bureau

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 New York law.

We urge you to resolve this matter promptly and avoid unnecessary arbitration and 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]
New York Attorney General - New Car Lemon Law Arbitration Program

NEW YORK LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR NEW YORK LEMON LAW CLAIMS

Pre-Filing Considerations

1. Strong Consumer Protection: New York has one of the strongest lemon laws in the country.

2. Motorcycle Coverage: Unlike many states, New York covers motorcycles.

3. Safety Defect Exception: Only 2 repair attempts required for defects substantially impairing safety.

Procedural Requirements

1. Mandatory State Arbitration: The NY Lemon Law Arbitration Program must be used before litigation.

2. Certified Mail Required: New York specifically requires notice by certified mail.

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

Damages Calculation

1. Use Allowance: (Purchase Price) x (Miles at First Repair / 100,000). Note: first repair attempt, not first report.

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

3. Attorney's Fees: Available under N.Y. Gen. Bus. Law Section 198-a(k) to prevailing consumers.

State Arbitration Program

The New York State Lemon Law Arbitration Program:
- Free to consumers
- Administered by Attorney General's Office
- Decision binding on manufacturer if accepted by consumer
- Efficient dispute resolution process
- Consumer may reject and proceed to court

Additional Protections

1. Used Car Lemon Law: New York also has a used car lemon law (N.Y. Gen. Bus. Law Section 198-b) for used vehicles with warranties.

2. Consumer Frauds Bureau: The Attorney General's office actively assists consumers.

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