LEMON LAW DEMAND LETTER

COMMONWEALTH OF PENNSYLVANIA

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: PENNSYLVANIA 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 Pennsylvania Automobile Lemon Law, 73 P.S. Section 1951 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. PENNSYLVANIA LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Pennsylvania Automobile Lemon Law, 73 P.S. Section 1951 et seq., which provides comprehensive protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.

B. Covered Vehicles

Under 73 P.S. Section 1952, a "new motor vehicle" means:
- A vehicle purchased or leased in Pennsylvania for personal, family, or household purposes
- A vehicle that has not been the subject of a retail sale prior to purchase
- Excludes: Motor homes, motorcycles, 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 Pennsylvania's Lemon Law.

C. Coverage Period

Pennsylvania's Lemon Law applies during:
- The Lemon Law Rights Period: One year from the date of original delivery OR 12,000 miles, whichever comes first. 73 P.S. Section 1955(a).

D. Presumption of Nonconformity

Under 73 P.S. Section 1956, 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. 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 73 P.S. Section 1955(b), the consumer must provide written notification by certified mail to the manufacturer of the nonconformity. The manufacturer has ten (10) days from receipt to acknowledge the notice and schedule a repair attempt.

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, value, or safety as required under 73 P.S. Section 1955:

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. Pennsylvania Lemon Law Presumption Met

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

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, exceeding the 3-repair threshold under 73 P.S. Section 1956(a).

[ ] 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 73 P.S. Section 1956(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. PENNSYLVANIA LEMON LAW ARBITRATION

Pennsylvania has a unique state-sponsored Lemon Law Arbitration Board administered by the Pennsylvania Office of Attorney General. Under 73 P.S. Section 1959:

[ ] Our Client intends to submit this matter to the Pennsylvania Lemon Law Arbitration Board if this demand is not satisfied within the statutory timeframe.

Important Notes:
- The arbitration request must be filed within 2 years or 24,000 miles from original delivery, whichever comes first.
- The manufacturer is bound by the arbitration decision if the consumer accepts it.
- The consumer may reject the arbitration decision and proceed to court.
- The arbitration fee is currently $250, refundable if the consumer prevails.

VIII. DEMAND FOR RELIEF

Pursuant to 73 P.S. Section 1955, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under 73 P.S. Section 1955(a)(1), the manufacturer must refund:

The reasonable allowance for use is calculated by multiplying the total contract price by a fraction having as its denominator 100,000 and the number of miles the vehicle traveled prior to the consumer's first report of nonconformity as its numerator. 73 P.S. Section 1955(a)(1).

[ ] REPLACEMENT

Under 73 P.S. Section 1955(a)(2), the manufacturer must provide a comparable new motor vehicle acceptable to the consumer.

B. Additional Relief

1. Attorney's Fees and Costs: Under 73 P.S. Section 1959, a prevailing consumer may recover reasonable attorney's fees and costs.

2. Treble Damages: Under 73 P.S. Section 1960, a consumer may recover up to three times actual damages for willful violations of the Lemon Law.

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 opportunity to cure the nonconformity as required under 73 P.S. Section 1955(b). The manufacturer has ten (10) days from receipt of this notice to acknowledge receipt and schedule a repair attempt.

Please contact the undersigned within ten (10) days to schedule the final repair attempt. If the defect is not cured, our Client will proceed with arbitration through the Pennsylvania Lemon Law Arbitration Board 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 ten (10) 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 a final repair opportunity, if desired

If we do not receive a satisfactory response, our Client will:

[ ] File for arbitration with the Pennsylvania Lemon Law Arbitration Board
[ ] File suit in the appropriate Pennsylvania court
[ ] Report this matter to the Pennsylvania Office of Attorney General

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 Pennsylvania 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]
Pennsylvania Office of Attorney General - Bureau of Consumer Protection
Pennsylvania Lemon Law Arbitration Board

PENNSYLVANIA LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR PENNSYLVANIA

1. Short Coverage Period: Pennsylvania has one of the shortest lemon law rights periods at only 1 year or 12,000 miles. Act quickly upon discovering defects.

2. State-Sponsored Arbitration: Pennsylvania has a unique state-run arbitration program through the Office of Attorney General. This is different from manufacturer-sponsored programs.

3. Arbitration Fee: The $250 filing fee is refundable if the consumer prevails. Consider this a worthwhile investment.

4. Treble Damages: Pennsylvania allows up to three times actual damages for willful violations, providing significant leverage against bad-faith manufacturers.

5. Certified Mail Required: The statute requires written notice by certified mail. Maintain proof of delivery.

6. 10-Day Acknowledgment: The manufacturer must acknowledge receipt and schedule a repair within 10 days of receiving notice.

7. Personal Use Requirement: The vehicle must be purchased for personal, family, or household purposes.

8. Arbitration Decision: The manufacturer is bound by the arbitration decision if the consumer accepts it; the consumer may reject it and proceed to court.

9. Document Everything: Pennsylvania's arbitration board relies heavily on documentation. Maintain meticulous records.

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