Lemon Law Demand Letter — Tennessee

LEMON LAW DEMAND LETTER

TENNESSEE MOTOR VEHICLE QUALITY ASSURANCE ACT

T.C.A. §§ 55-24-101 THROUGH 55-24-110

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. § 55-24-104(b) WRITTEN 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 the Tennessee Motor Vehicle Quality Assurance Act, T.C.A. §§ 55-24-101 through 55-24-110 ("MVQAA"), and the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.

THIS LETTER CONSTITUTES THE FORMAL WRITTEN NOTICE REQUIRED BY T.C.A. § 55-24-104(b). Upon receipt, the manufacturer has a single final opportunity to cure the nonconformity as described below.

I. TENNESSEE MOTOR VEHICLE QUALITY ASSURANCE ACT — FRAMEWORK

A. Tennessee's Unique Coverage Window: One Year AND 12,000 Miles

Tennessee's lemon law has one of the most distinctive — and shortest — coverage periods of any state. Under T.C.A. § 55-24-103(a), the "Lemon Law Rights Period" is:

The term of the express warranty OR one (1) year after the date of original delivery to the consumer OR 12,000 miles, WHICHEVER COMES FIRST.

This dual time-and-mileage cap is significantly more restrictive than many states (e.g., California covers 18 months/18,000 miles; Florida covers 24 months). High-mileage drivers may exhaust their Tennessee lemon law rights before the one-year anniversary of purchase.

Rights Period Calculation for This Vehicle:

• Delivery Date: [__/__/____]
• One-Year Expiration: [__/__/____]
• 12,000-Mile Threshold Reached: Approximately [__/__/____] (based on current mileage)
• Controlling Deadline (earlier of the two): [__/__/____]
• Status: ☐ Within rights period ☐ Rights period expires in [____] days — ACT IMMEDIATELY

B. Covered Vehicles — T.C.A. § 55-24-102(5)

The MVQAA covers new motor vehicles that are:

• Self-propelled vehicles purchased or leased new in Tennessee
• Primarily designed for the transportation of persons or property over public highways
• Used for personal, family, or household purposes

Excluded from Tennessee lemon law coverage:

• Motor homes (RVs) — not covered
• Motorcycles — not covered
• Vehicles with GVWR over 10,000 pounds — not covered
• Vehicles used primarily for business/commercial purposes — not covered

The [____] [________________________________] [________________________________] is a covered vehicle used for personal, family, or household purposes.

C. Qualifying Thresholds — T.C.A. § 55-24-104(a)

Tennessee establishes a rebuttable presumption of nonconformity if, during the Lemon Law Rights Period, any of the following apply:

Practice Note — Safety Defect Single-Attempt Rule: Tennessee is one of the few states that expressly provides for the lemon law presumption after a single repair attempt for a safety-related defect. See T.C.A. § 55-24-104(a)(1)(B). If the defect presents a safety risk (brake failure, steering loss, airbag malfunction), assert this ground in addition to the standard 4-attempt threshold.

D. Written Notice and Final Repair Opportunity — T.C.A. § 55-24-104(b)

Tennessee requires the consumer to provide written notice by certified mail to the manufacturer before filing suit. Upon receipt of this notice, the manufacturer receives ONE additional repair attempt — not ten days as in some states — to cure the nonconformity. If that single final attempt fails, the consumer may proceed to litigation or arbitration.

This letter serves as the T.C.A. § 55-24-104(b) written notice. Contact the undersigned within five (5) business days of receipt to schedule the final repair attempt.

E. Remedies — T.C.A. § 55-24-103(a)

The consumer may elect either:

1. REFUND (Repurchase)
The manufacturer refunds:

• Full contract price (including all taxes, title, registration, and finance charges)
• Plus incidental damages (rental, towing, repair costs)
• Minus a "use allowance" calculated as:

Use Allowance = (Miles Driven at First Repair Report ÷ 120,000) × Full Contract Price

Tennessee's use offset divisor is 120,000 miles — note that this is more generous to consumers than states using 100,000 miles (e.g., under the old formula), but you should verify the current statutory formula as T.C.A. § 55-24-103 may be amended.

2. REPLACEMENT
A comparable new motor vehicle acceptable to the consumer, plus reimbursement of incidental damages.

F. Attorney's Fees and Civil Penalty

• Attorney's Fees: Awarded to the prevailing consumer under T.C.A. § 55-24-107.
• Civil Penalty — Bad Faith Defense: Under T.C.A. § 55-24-108, if the manufacturer asserts in bad faith that the vehicle is not a lemon, the court may award a civil penalty up to two times the amount awarded to the consumer plus reasonable attorney's fees.

G. Tennessee AG Arbitration — BBB Auto Line

Tennessee provides a no-cost arbitration program through the BBB Auto Line, administered through the Tennessee Attorney General's Office. Consumers may pursue arbitration as an alternative to litigation. Manufacturer arbitration programs certified by the Tennessee Division of Consumer Affairs may be required before filing suit if the manufacturer participates in a qualified program (T.C.A. § 55-24-105). The consumer may reject the arbitration decision and proceed to court.

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 its use, market value, or safety within the meaning of T.C.A. § 55-24-102(4):

PRIMARY DEFECT:

• Description: [________________________________]
• First Occurrence Date: [__/__/____] at [________________] miles
• Symptoms / How It Manifests: [________________________________]
• ☐ Safety Defect: This defect is likely to cause death or serious bodily injury — one repair attempt sufficient under T.C.A. § 55-24-104(a)(1)(B)
• Use Impairment: [________________________________]
• 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. § 55-24-104(a) because:

☐ Four-Repair-Attempt Threshold:
The same nonconformity has been subject to repair [____] times during the Lemon Law Rights Period, exceeding the four-attempt requirement of T.C.A. § 55-24-104(a)(1)(A).

☐ Thirty-Day Out-of-Service Threshold:
The vehicle has been out of service for a total of [____] calendar days, exceeding the 30-day threshold of T.C.A. § 55-24-104(a)(2).

☐ Single Safety-Defect Attempt:
The vehicle suffers from a defect that is likely to cause death or serious bodily injury. Under T.C.A. § 55-24-104(a)(1)(B), a single repair attempt on a safety defect establishes the lemon law presumption. One repair attempt was made on [__/__/____] and the defect remains.

☐ 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-Certified Arbitration Program:
[MANUFACTURER] participates in a Tennessee-certified informal dispute resolution procedure (BBB Auto Line or other). Under T.C.A. § 55-24-105, our Client must first submit this dispute to that program. Our Client will participate but is not bound by the result and may reject the decision and file suit.

☐ No Qualified Program:
[MANUFACTURER] does not operate a program certified by the Tennessee Division of Consumer Affairs. 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. Primary Relief — Consumer's Election

☐ OPTION 1: REFUND (REPURCHASE)

Plus payoff of outstanding loan balance to lienholder: $[________________]

☐ OPTION 2: REPLACEMENT
A new, comparable [____] [________________________________] acceptable to our Client, plus reimbursement of all incidental damages.

B. Additional Relief

1. Attorney's Fees and Costs — T.C.A. § 55-24-107
2. Civil Penalty — If manufacturer asserts bad-faith defense: up to 2× damages + fees under T.C.A. § 55-24-108
3. Magnuson-Moss Attorney's Fees — 15 U.S.C. § 2310(d)
4. Loan Payoff — Manufacturer must directly pay lienholder
5. Title Transfer — Consumer will tender the vehicle title upon receipt of full refund

IX. FINAL REPAIR OPPORTUNITY

This letter constitutes the formal written notice required by T.C.A. § 55-24-104(b). [MANUFACTURER] has ONE final repair opportunity after receipt of this notice. Please contact the undersigned within five (5) business days to arrange the final repair attempt. If the final attempt fails or if [MANUFACTURER] fails to schedule the repair within a reasonable time, 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 MVQAA
2. Your election of remedy (replacement or refund) or request for final repair
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. The 12,000-Mile Cap Is Critical and Often Missed. Tennessee is unusual in having both a time limit (1 year) AND a mileage limit (12,000 miles) that serve as alternative outer bounds. A consumer who drives 15,000 miles in their first six months has already lost lemon law coverage — even though they are within the one-year window. Always calculate both limits at intake.

2. Single Attempt for Safety Defects. T.C.A. § 55-24-104(a)(1)(B) provides lemon law presumption after just one repair attempt if the defect is likely to cause death or serious bodily injury. Evaluate every safety-related defect (brakes, steering, airbags, acceleration) under this single-attempt rule.

3. One Final Repair — Not Ten Days. Unlike some states that give the manufacturer a fixed number of days to repair after written notice, Tennessee gives one final repair attempt. Do not allow the manufacturer to delay by claiming it needs more time.

4. Use Offset: 120,000 Divisor. Confirm the current statutory divisor in T.C.A. § 55-24-103(a)(1). Some versions have used 100,000; verify which is in effect.

5. Tennessee AG No-Cost Arbitration. Tennessee consumers can access BBB Auto Line arbitration at no cost through the AG's office. This is faster and cheaper than litigation for straightforward cases. However, the consumer may always reject the decision and proceed to court.

6. Short Statute of Limitations. Tennessee allows only six months after the Lemon Law Rights Period expires to file suit. If the rights period expired at 12,000 miles or one year, the six-month clock begins then — not from the last repair attempt.

7. Bad Faith Civil Penalty. If the manufacturer defends in bad faith — claiming the vehicle is not a lemon despite clear documentation — T.C.A. § 55-24-108 authorizes a civil penalty up to two times the consumer's damages. Use this as leverage in settlement.

SOURCES AND REFERENCES

• Tennessee Motor Vehicle Quality Assurance Act: T.C.A. §§ 55-24-101 through 55-24-110
  (https://law.justia.com/codes/tennessee/title-55/chapter-24/)

• T.C.A. § 55-24-103 — Remedies (refund/replacement/use offset)

• T.C.A. § 55-24-104 — Repair attempts, notice requirement, presumption
• T.C.A. § 55-24-105 — Informal dispute settlement (arbitration)
• T.C.A. § 55-24-107 — Attorney's fees
• T.C.A. § 55-24-108 — Civil penalty for bad faith
• 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.