LEMON LAW DEMAND LETTER

STATE OF TENNESSEE

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: TENNESSEE 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 Tennessee Motor Vehicle Warranty Enforcement Act, Tenn. Code Ann. Section 55-24-101 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. TENNESSEE LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Tennessee Motor Vehicle Warranty Enforcement Act, Tenn. Code Ann. Section 55-24-101 et seq., commonly known as Tennessee's Lemon Law, which provides protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.

B. Covered Vehicles

Under Tenn. Code Ann. Section 55-24-102(5), a "motor vehicle" means:
- A self-propelled vehicle purchased or leased in Tennessee
- A vehicle primarily designed for the transportation of persons or property over public highways
- Vehicles used for personal, family, or household purposes
- Excludes: Motor homes, motorcycles, and vehicles over 10,000 pounds GVWR

The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased new and is covered under Tennessee's Lemon Law.

C. Coverage Period

Tennessee's Lemon Law applies during:
- The Lemon Law Rights Period: The term of the express warranty OR one year following the date of original delivery, whichever comes first. Tenn. Code Ann. Section 55-24-103(a).

D. Presumption of Nonconformity

Under Tenn. Code Ann. Section 55-24-104, 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. 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 Tenn. Code Ann. Section 55-24-104(b), the consumer must provide written notification by certified mail to the manufacturer of the need for repair. The manufacturer has ten (10) calendar days from receipt of the notice to make a final attempt to cure the nonconformity.

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, market value, or safety as required under Tenn. Code Ann. Section 55-24-103:

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. Tennessee Lemon Law Presumption Met

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

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, exceeding the 4-repair threshold under Tenn. Code Ann. Section 55-24-104(a)(1).

[ ] 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 Tenn. Code Ann. Section 55-24-104(a)(2).

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 Tenn. Code Ann. Section 55-24-105, if [MANUFACTURER] sponsors an informal dispute settlement procedure that is certified by the Tennessee Division of Consumer Affairs as complying with 16 C.F.R. Part 703, the consumer must first submit the dispute to that procedure before bringing a civil action.

[ ] [MANUFACTURER] has a state-certified arbitration program. Our Client will participate in the process but may reject the decision and proceed to court.

[ ] [MANUFACTURER] does not have a state-certified informal dispute settlement procedure in Tennessee, and therefore the consumer may proceed directly to court.

VIII. DEMAND FOR RELIEF

Pursuant to Tenn. Code Ann. Section 55-24-103, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under Tenn. Code Ann. Section 55-24-103(a)(1), the manufacturer must refund:

The reasonable allowance for use is calculated by multiplying the full contract price by a fraction having as its denominator 100,000 and the number of miles attributable to use by the consumer prior to the first report of the nonconformity as its numerator. Tenn. Code Ann. Section 55-24-103(a)(1).

[ ] REPLACEMENT

Under Tenn. Code Ann. Section 55-24-103(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 Tenn. Code Ann. Section 55-24-107, a prevailing consumer may recover reasonable attorney's fees and costs.

2. Civil Penalty: Under Tenn. Code Ann. Section 55-24-109, a consumer may recover a civil penalty of $300 or actual damages, whichever is greater, for willful violations.

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 final repair opportunity required under Tenn. Code Ann. Section 55-24-104(b). The manufacturer has ten (10) calendar days from receipt of this notice to cure the nonconformity.

Please contact the undersigned within five (5) business days to schedule the final repair attempt. If the defect is not cured within the 10-day period, our Client will proceed with arbitration (if required) 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) calendar 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:

[ ] Submit this matter to the manufacturer's certified arbitration program
[ ] File suit in the appropriate Tennessee court
[ ] Report this matter to the Tennessee Division of Consumer Affairs

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 Tennessee law.

We urge you to resolve this matter promptly and avoid unnecessary 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]
Tennessee Division of Consumer Affairs

TENNESSEE LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR TENNESSEE

1. Four Repair Attempts Required: Tennessee requires 4 repair attempts (vs. 3 in some states). Ensure the client meets this threshold.

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

3. State-Certified Arbitration: Tennessee requires the arbitration program to be certified by the Division of Consumer Affairs, not just FTC-compliant.

4. Short Limitations Period: Claims must be filed within 6 months after the lemon law rights period expires. Act promptly.

5. Calendar Days: Tennessee uses calendar days (not business days) for both the out-of-service calculation and the final repair opportunity.

6. Civil Penalty Available: Tennessee provides for a civil penalty of $300 or actual damages, whichever is greater, for willful violations.

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

8. Document Everything: Maintain detailed records of all repair attempts, including dates, mileage, and repair orders.

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