Lemon Law Demand Letter — Tennessee

LEMON LAW DEMAND LETTER

TENNESSEE LEMON LAW — MOTOR VEHICLE WARRANTIES

T.C.A. §§ 55-24-101 THROUGH 55-24-112

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

[__/__/____]

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

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

Re: FORMAL LEMON LAW NOTICE — T.C.A. § 55-24-105(c) CERTIFIED-MAIL NOTIFICATION
Consumer/Owner: [________________________________]
Vehicle: [____] [________________________________] [________________________________] [________________________________]
(Year) (Make) (Model) (Trim)
VIN: [________________________________]
Purchase/Lease Date: [__/__/____]
Current Mileage: [________________]

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer") in connection with the above-referenced vehicle, which qualifies as a "lemon" under Tennessee's Lemon Law (Motor Vehicle Warranties), T.C.A. §§ 55-24-101 through 55-24-112, and the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.

THIS LETTER CONSTITUTES THE CERTIFIED-MAIL WRITTEN NOTICE REQUIRED BY T.C.A. § 55-24-105(c). Upon receipt, the manufacturer has a final opportunity — not to exceed ten (10) days — to cure the nonconformity as described below.

I. TENNESSEE LEMON LAW — FRAMEWORK

A. Coverage Window — "Term of Protection" (T.C.A. § 55-24-101(7))

Tennessee measures lemon-law coverage by the "term of protection," which is the term of the applicable express warranties or one (1) year following the date of original delivery of the vehicle to the consumer, whichever comes first. (For a replacement vehicle provided under the chapter, the term runs one year from delivery of the replacement.)

There is no separate mileage cap. Coverage is defined by the warranty term or the one-year period — Tennessee does not impose a "12,000-mile" outer limit. The nonconformity must simply be first reported during the term of protection (§ 55-24-102).

Term-of-Protection Calculation for This Vehicle:

• Delivery Date: [__/__/____]
• Express Warranty Term Expires: [__/__/____]
• One-Year Anniversary of Delivery: [__/__/____]
• Controlling Deadline (earlier of the two): [__/__/____]
• Status: ☐ Within term of protection ☐ Term expires in [____] days — ACT PROMPTLY

B. Covered Vehicles — T.C.A. § 55-24-101(4)

"Motor vehicle" means a motor vehicle (as defined in § 55-1-103) sold and subject to Tennessee's (or another state's) registration and title provisions and classified as a Class B vehicle under § 55-4-111. The definition expressly includes a motorcycle classified as a Class A vehicle.

Excluded from Tennessee lemon law coverage (§ 55-24-101(4)):

• Motorized bicycles (as defined in § 55-8-101)
• Motor homes (as defined in § 55-1-104), lawnmowers, and garden tractors
• Recreational vehicles and off-road vehicles
• Vehicles over 10,000 pounds gross vehicle weight

Note: Motorcycles are covered. Coverage also extends to a lessee and to a person to whom the vehicle is transferred during the warranty; it does not extend to a governmental entity or a business/commercial entity that registers three (3) or more vehicles (§ 55-24-101(1)).

The [____] [________________________________] [________________________________] is a covered motor vehicle.

C. Qualifying Thresholds — Presumption (T.C.A. § 55-24-105(a))

Tennessee establishes a rebuttable presumption that a reasonable number of repair attempts has been made if, during the term of protection, either of the following applies:

The term of protection and the 30-day period are extended by any time repair services are unavailable due to war, invasion, strike, fire, flood, or other natural disaster (§ 55-24-105(b)). Tennessee's threshold is three repair attempts — not four — and the statute contains no reduced "single-attempt" trigger for safety defects.

D. Written Notice and Final Repair Opportunity — T.C.A. § 55-24-105(c)

Before proceeding under § 55-24-103, the consumer must give written notification by certified mail directly to the manufacturer of the need to correct the nonconformity. (If the manufacturer's address is not readily available in the owner's manual or warranty, notice may be mailed to an authorized dealer, who must forward it.) If, at the time notice is given, a presumption condition under § 55-24-105(a) already exists, the manufacturer must be given an additional opportunity — not to exceed ten (10) days — to correct or repair the nonconformity.

This letter serves as the T.C.A. § 55-24-105(c) certified-mail notice. Contact the undersigned promptly to schedule the final repair, which the manufacturer must complete within the statutory ten-day window.

E. Remedies — T.C.A. § 55-24-103

If the nonconformity substantially impairs the vehicle and the manufacturer is unable to conform it to warranty after a reasonable number of attempts, the manufacturer must replace the vehicle with a comparable motor vehicle or accept its return and refund the full purchase price (§ 55-24-103(a)); the election of remedies is governed by § 55-24-110.

Full purchase price (§ 55-24-103(b)(3)) means the actual cost paid by the consumer, including all collateral charges (§ 55-24-103(b)(1): sales taxes, title, license, registration, credit life/disability insurance, similar governmental charges, and other reasonable purchase expenses), less a reasonable allowance for use.

Reasonable Allowance for Use (§ 55-24-103(b)(4)): the amount attributable to the consumer's use before the first report of the nonconformity (and during any later period the vehicle was not out of service for repair), plus any damage not attributable to normal wear. By statute this allowance may not exceed one-half (½) of the IRS business-mileage rate per mile (26 U.S.C. § 162), plus any loss to fair market value from damage beyond normal wear and tear. Tennessee does not use a "÷120,000" or "÷100,000" mileage-divisor formula.

Refunds are paid to the consumer and any lienholder as their interests appear; the lienholder is paid in full first (§ 55-24-103(c)).

F. Attorney's Fees — T.C.A. § 55-24-108

A consumer who finally prevails in an action under the chapter may recover costs and expenses, including attorney's fees based on actual time expended, as reasonably incurred (§ 55-24-108). (Tennessee's lemon law does not provide a separate "bad-faith" civil penalty or a doubling of damages.)

G. Informal Dispute Settlement — T.C.A. § 55-24-106

If the manufacturer has established or participates in an informal dispute settlement procedure that the Tennessee Attorney General and Reporter has determined qualifies under 16 C.F.R. Part 703 (as it read on November 3, 1983) and the chapter, and has notified the consumer of it, the § 55-24-103 refund/replacement remedy does not apply until the consumer first resorts to that procedure (§ 55-24-106). The BBB Auto Line is the program most manufacturers use in Tennessee.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

All defects described herein arose during the applicable warranty period and remain unrepaired.

IV. DEFECT DESCRIPTION

A. Nature of Nonconformity

The vehicle suffers from one or more nonconformities that substantially impair it within the meaning of T.C.A. § 55-24-101(6) — i.e., they render the vehicle unreliable or unsafe for normal operation, or reduce its resale market value below the average for comparable vehicles:

PRIMARY DEFECT:

• Description: [________________________________]
• First Occurrence Date: [__/__/____] at [________________] miles
• Symptoms / How It Manifests: [________________________________]
• ☐ Safety-Related: This defect renders the vehicle unsafe for normal operation (relevant to "substantially impair" under § 55-24-101(6))
• Use / Reliability Impairment: [________________________________]
• Resale-Value Impairment: [________________________________]

SECONDARY DEFECT (if applicable):

• Description: [________________________________]
• First Occurrence Date: [__/__/____] at [________________] miles
• Symptoms: [________________________________]

V. REPAIR HISTORY

Repair Attempt 1

Repair Attempt 2

Repair Attempt 3

Repair Attempt 4

[Add additional repair attempts as needed]

Cumulative Summary

VI. LEMON LAW QUALIFICATION — TENNESSEE THRESHOLDS MET

Our Client's vehicle qualifies as a lemon under T.C.A. § 55-24-105(a) because:

☐ Three-Repair-Attempt Threshold:
The same nonconformity has been subject to repair [____] times during the term of protection and continues to exist, meeting or exceeding the three-attempt requirement of T.C.A. § 55-24-105(a)(1).

☐ Thirty-Day Out-of-Service Threshold:
The vehicle has been out of service by reason of repair for a total of [____] calendar days during the term of protection, meeting or exceeding the 30-day threshold of T.C.A. § 55-24-105(a)(2).

☐ Magnuson-Moss Warranty Act:
In addition to Tennessee state claims, our Client has claims under 15 U.S.C. § 2301 et seq., which independently authorizes attorney's fees.

VII. ARBITRATION

☐ Manufacturer-Qualified Arbitration Program:
[MANUFACTURER] participates in an informal dispute settlement procedure that the Tennessee Attorney General and Reporter has determined qualifies under 16 C.F.R. Part 703 (BBB Auto Line or other). Under T.C.A. § 55-24-106, the § 55-24-103 refund/replacement remedy does not apply until our Client first resorts to that procedure; our Client will do so and reserves all rights to proceed to court thereafter.

☐ No Qualified Program:
[MANUFACTURER] does not participate in an AG-qualified informal dispute settlement procedure. Our Client may proceed directly to litigation.

Tennessee AG BBB Auto Line: Consumers may contact the Tennessee Attorney General's Consumer Protection Division at (615) 741-3491 or https://www.tn.gov/attorneygeneral/consumer.html to initiate arbitration at no cost.

VIII. DEMAND FOR RELIEF

Pursuant to T.C.A. § 55-24-103, we demand the following:

A. Alternative Statutory Remedies

T.C.A. § 55-24-103(a) requires the manufacturer to replace the vehicle with a comparable motor vehicle or accept its return and refund the full purchase price. The statute does not assign the choice between those two remedies to the consumer.

☐ OPTION 1: REFUND (REPURCHASE)

Refund is payable to our Client and any lienholder as their interests appear; the lienholder is paid in full first (§ 55-24-103(c)). Outstanding loan balance: $[________________].

☐ OPTION 2: REPLACEMENT
A new, comparable [____] [________________________________] of the same make and model with all options and accessories (§ 55-24-103(b)(2)), acceptable to our Client. Election of remedies is governed by § 55-24-110.

B. Additional Relief

1. Costs and Attorney's Fees — T.C.A. § 55-24-108 (prevailing consumer; based on actual time expended)
2. Magnuson-Moss Attorney's Fees — 15 U.S.C. § 2310(d)
3. Loan Payoff — Manufacturer must directly pay the lienholder (§ 55-24-103(c))
4. Title Transfer — Consumer will tender the vehicle title upon receipt of full refund

IX. FINAL REPAIR OPPORTUNITY

This letter constitutes the certified-mail written notice required by T.C.A. § 55-24-105(c). Because a presumption condition under § 55-24-105(a) already exists, [MANUFACTURER] is entitled to a final opportunity to correct or repair the nonconformity not to exceed ten (10) days after receipt of this notice. Please contact the undersigned promptly to arrange that final repair. If the repair is not completed within the ten-day window, our Client will proceed without further notice.

The vehicle must not be disassembled, altered, or destroyed during or after the final repair attempt. Our Client is preserving all repair orders, communications, and evidence.

X. DOCUMENT PRESERVATION DEMAND

You are directed to immediately preserve all documents relating to this vehicle and defect:

☐ All repair orders and warranty claim submissions
☐ Technical Service Bulletins (TSBs) related to the defect or vehicle system
☐ Customer complaints and field reports regarding the same or similar defect
☐ Manufacturer-dealer communications regarding this vehicle
☐ Engineering analyses, root cause reports, and recall investigations
☐ The vehicle itself — do not resell, auction, or disassemble
☐ Internal communications regarding this consumer's complaints

XI. RESPONSE DEADLINE AND NEXT STEPS

Please respond in writing within ten (10) calendar days with:

1. Whether you acknowledge this vehicle qualifies under the Tennessee Lemon Law
2. Whether the manufacturer will provide replacement or refund, or requests the statutory final repair opportunity
3. Scheduling information for the final repair attempt

Failure to respond will result in our Client:

☐ Submitting to BBB Auto Line arbitration (if applicable)
☐ Filing suit in the Circuit Court for [________________________________] County, Tennessee
☐ Filing suit in the U.S. District Court for the [________________] District of Tennessee
☐ Reporting to the Tennessee Division of Consumer Affairs / Attorney General

XII. CONCLUSION

Our Client has given [MANUFACTURER] [____] repair attempts spanning [____] calendar days. The nonconformity remains unresolved. Our Client is entitled to relief under T.C.A. § 55-24-103. We urge prompt resolution.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
Tennessee Board of Professional Responsibility No. [____]
[ADDRESS]
[CITY, TENNESSEE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
☐ Copies of all repair orders (chronological)
☐ Purchase or lease agreement
☐ Warranty booklet / warranty card
☐ Vehicle registration
☐ Photographs / video documentation of defect
☐ Prior correspondence with manufacturer or dealer
☐ Rental car and towing receipts
☐ Authorization to represent

cc: [CONSUMER NAME]
[LIENHOLDER / LENDER, if applicable]
Tennessee Division of Consumer Affairs

TENNESSEE LEMON LAW — QUICK REFERENCE

TENNESSEE-SPECIFIC PRACTICE NOTES

1. Coverage Is Time-Based, Not Mileage-Based. Tennessee's "term of protection" is the express-warranty term or one year after delivery, whichever comes first (§ 55-24-101(7)). There is no 12,000-mile cap — a high-mileage driver still within the warranty term (or the one-year window) remains covered. Focus intake on whether the nonconformity was first reported during the term of protection (§ 55-24-102).

2. Three Attempts — and No Safety Shortcut. The presumption arises after three or more attempts on the same nonconformity, or 30 cumulative calendar days out of service (§ 55-24-105(a)). Tennessee's statute has no reduced single-attempt trigger for "serious safety" defects; do not plead one. A safety issue still matters because it goes to whether the defect "substantially impairs" the vehicle (§ 55-24-101(6)).

3. Ten-Day Final Repair, Not "One Attempt." After the certified-mail notice, if a presumption condition already exists, the manufacturer gets an additional opportunity not to exceed ten (10) days to correct the defect (§ 55-24-105(c)). Track that ten-day window precisely.

4. Use Offset Is IRS-Rate-Capped, Not a Divisor. The reasonable allowance for use is capped at one-half the IRS business-mileage rate per mile for miles driven before the first report of the nonconformity (§ 55-24-103(b)(4)) — Tennessee does not use a 100,000- or 120,000-mile divisor formula.

5. Arbitration May Be a Precondition. If the manufacturer participates in an informal dispute settlement procedure that the Tennessee Attorney General has qualified under 16 C.F.R. Part 703, the § 55-24-103 refund/replacement remedy does not apply until the consumer first resorts to it (§ 55-24-106). The SOL is tolled while the consumer participates (§ 55-24-107(b)).

6. Short Statute of Limitations. Suit must be commenced within six months following the later of (1) expiration of the express warranty term or (2) one year after original delivery (§ 55-24-107), tolled during any § 55-24-106 arbitration.

7. Fees, Not Penalties. A prevailing consumer may recover costs and reasonable attorney's fees based on actual time expended (§ 55-24-108). Tennessee's lemon law does not authorize a "bad-faith" civil penalty or a doubling of damages — do not demand one.

SOURCES AND REFERENCES

• Tennessee Lemon Law (Motor Vehicle Warranties): T.C.A. §§ 55-24-101 through 55-24-112
  (https://law.justia.com/codes/tennessee/title-55/chapter-24/)

• T.C.A. § 55-24-101 — Definitions (motor vehicle incl. motorcycles; term of protection = warranty or 1 year, whichever first)

• T.C.A. § 55-24-103 — Replacement/refund; full purchase price; reasonable allowance for use (≤ ½ IRS business-mileage rate)
• T.C.A. § 55-24-105 — Presumption (3 repairs / 30 calendar days); certified-mail notice; 10-day final cure
• T.C.A. § 55-24-106 — Informal dispute settlement (AG-qualified 16 C.F.R. Part 703 procedure)
• T.C.A. § 55-24-107 — Statute of limitations (6 months after later of warranty expiration or 1 year from delivery; tolled during arbitration)
• T.C.A. § 55-24-108 — Recovery of costs and attorney's fees for prevailing consumer
• Tennessee AG Consumer Protection Division: https://www.tn.gov/attorneygeneral/consumer.html
• BBB Auto Line (Tennessee): https://www.bbb.org/auto-line
• Magnuson-Moss Warranty Act: 15 U.S.C. §§ 2301–2312

This template is for informational purposes only and does not constitute legal advice. Laws change frequently; verify current requirements with a licensed Tennessee attorney.