LEMON LAW DEMAND LETTER

STATE OF TEXAS

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: TEXAS 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 Texas Lemon Law, Tex. Occ. Code Section 2301.601 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. TEXAS LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Texas Lemon Law, Tex. Occ. Code Section 2301.601 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 Tex. Occ. Code Section 2301.601, a "motor vehicle" means:
- A new motor vehicle purchased or leased in Texas
- A vehicle that is covered by a manufacturer's warranty
- Self-propelled vehicles designed primarily for transporting persons or property on a public highway
- Excludes: Motor homes (living portion), towable recreational vehicles, 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 Texas's Lemon Law.

C. Coverage Period

Texas's Lemon Law applies during:
- The Lemon Law Rights Period: The term of the express warranty OR 24 months OR 24,000 miles following the date of original delivery, whichever comes first. Tex. Occ. Code Section 2301.603.

D. Presumption of Nonconformity

Under Tex. Occ. Code Section 2301.605, 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 (two (2) or more times if defect creates serious safety hazard); OR

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

E. Texas DMV Complaint Requirement

IMPORTANT: Under Texas law, consumers must file a complaint with the Texas Department of Motor Vehicles (TxDMV) to obtain relief under the Lemon Law. The TxDMV administers the Lemon Law through an administrative hearing process.

This letter serves as pre-complaint notice to the manufacturer of the consumer's intent to file a TxDMV complaint if the matter is not resolved.

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 Tex. Occ. Code Section 2301.604:

PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Safety Impact: [ ] Yes [ ] No - [IF YES, DESCRIBE - IMPORTANT FOR 2-REPAIR THRESHOLD]
- 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. Texas Lemon Law Presumption Met

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

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, exceeding the 4-repair threshold under Tex. Occ. Code Section 2301.605(a)(1).

[ ] Serious Safety Hazard Threshold Met:
A nonconformity creating a serious safety hazard exists after [NUMBER] repair attempts, meeting the 2-repair threshold under Tex. Occ. Code Section 2301.605(a)(1).

[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] days, exceeding the 30-day threshold under Tex. Occ. Code Section 2301.605(a)(2).

B. Texas Deceptive Trade Practices Act

Our Client may also have claims under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), Tex. Bus. & Com. Code Section 17.41 et seq., which provides for additional remedies including attorney's fees.

C. 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. TEXAS DMV ADMINISTRATIVE PROCESS

Texas has a unique state-administered Lemon Law enforcement process through the Texas Department of Motor Vehicles. Under Tex. Occ. Code Section 2301.204:

• Consumers must file a complaint with the TxDMV to pursue Lemon Law remedies
• The TxDMV conducts an administrative hearing
• The TxDMV hearing officer issues a decision
• Either party may appeal to state district court

[ ] Our Client intends to file a complaint with the Texas Department of Motor Vehicles if this demand is not resolved.

Deadline: The complaint must be filed within 6 months after the warranty expires OR within 2 years from delivery, whichever is earlier.

VIII. DEMAND FOR RELIEF

Pursuant to Tex. Occ. Code Section 2301.604, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under Tex. Occ. Code Section 2301.604(a), the manufacturer must refund:

The reasonable allowance for use is calculated by multiplying the full purchase price by a fraction having as its denominator 100,000 and the number of miles the vehicle traveled prior to the consumer's first written report of the nonconformity to the manufacturer, agent, or dealer as its numerator.

[ ] REPLACEMENT

Under Tex. Occ. Code Section 2301.604(a), the manufacturer must provide a comparable new motor vehicle acceptable to the consumer.

B. Additional Relief

1. Attorney's Fees: Available under DTPA and Magnuson-Moss Act claims.

2. DTPA Damages: If conduct was knowing or intentional, up to three times actual damages under the DTPA.

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. OPPORTUNITY TO RESOLVE

This letter provides [MANUFACTURER] with an opportunity to resolve this matter without the need for a TxDMV complaint or litigation.

Please contact the undersigned within fourteen (14) days to discuss resolution. If the matter is not resolved, our Client will:

1. File a complaint with the Texas Department of Motor Vehicles
2. Pursue all available remedies under the DTPA and Magnuson-Moss Act

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. Any additional repair you wish to attempt

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

[ ] File a complaint with the Texas Department of Motor Vehicles
[ ] File suit under the DTPA and/or Magnuson-Moss Act
[ ] Report this matter to the Texas 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 Texas law.

We urge you to resolve this matter promptly and avoid unnecessary administrative proceedings 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]
Texas Department of Motor Vehicles - Lemon Law Section
Texas Attorney General - Consumer Protection Division

TEXAS LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR TEXAS

1. Unique Administrative Process: Texas requires filing a complaint with the TxDMV rather than going directly to court. The TxDMV hearing is the primary enforcement mechanism.

2. Safety Hazard Exception: Only 2 repair attempts are required for defects creating a "serious safety hazard."

3. Written Report Requirement: The mileage offset is based on mileage at the first written report of the problem. Advise clients to report problems in writing immediately.

4. DTPA Claims: Consider parallel claims under the Texas Deceptive Trade Practices Act for attorney's fees and potential treble damages.

5. Filing Deadline Critical: The TxDMV complaint must be filed within 6 months after warranty expiration or 2 years from delivery. This is a strict deadline.

6. No Manufacturer Arbitration Required: Unlike many states, Texas does not require consumers to use manufacturer-sponsored arbitration before pursuing remedies.

7. TxDMV Fees: The TxDMV charges a filing fee for lemon law complaints. Check current fee schedule.

8. Appeal Rights: Either party may appeal the TxDMV decision to state district court.

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