LEMON LAW DEMAND LETTER

COMMONWEALTH OF VIRGINIA

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: VIRGINIA 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 Virginia Motor Vehicle Warranty Enforcement Act, Va. Code Ann. Section 59.1-207.9 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. VIRGINIA LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Virginia Motor Vehicle Warranty Enforcement Act, Va. Code Ann. Section 59.1-207.9 et seq., commonly known as Virginia'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 Va. Code Ann. Section 59.1-207.10, a "motor vehicle" means:
- A passenger car, pickup truck, or panel truck purchased or leased in Virginia
- A vehicle as defined in Section 46.2-100
- A motorcycle
- Excludes: Motor homes, chassis or chassis cab of a motor home, conversion vans, 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 Virginia's Lemon Law.

C. Coverage Period

Virginia's Lemon Law applies during:
- The Lemon Law Rights Period: 18 months following the date of original delivery. Va. Code Ann. Section 59.1-207.11.

D. Presumption of Nonconformity

Under Va. Code Ann. Section 59.1-207.13, 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. Safety Defect: One (1) repair attempt for a nonconformity that is likely to cause death or serious bodily injury if the vehicle is driven; OR

3. 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 Va. Code Ann. Section 59.1-207.13(B), the consumer must provide written notification by certified mail to the manufacturer of the nonconformity. The manufacturer has one (1) additional repair attempt to cure the nonconformity after receiving such notice.

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 Va. Code Ann. Section 59.1-207.11:

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 1-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

[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]

Summary of Repair Attempts

VI. LEMON LAW QUALIFICATION

A. Virginia Lemon Law Presumption Met

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

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, exceeding the 3-repair threshold under Va. Code Ann. Section 59.1-207.13(A)(1).

[ ] Safety Defect Threshold Met:
A nonconformity likely to cause death or serious bodily injury exists after [NUMBER] repair attempt(s), meeting the threshold under Va. Code Ann. Section 59.1-207.13(A)(2).

[ ] 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 Va. Code Ann. Section 59.1-207.13(A)(3).

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 Va. Code Ann. Section 59.1-207.15, if [MANUFACTURER] sponsors an informal dispute settlement procedure that is certified by the Division of Consumer Counsel 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 Virginia, and therefore the consumer may proceed directly to court.

VIII. DEMAND FOR RELIEF

Pursuant to Va. Code Ann. Section 59.1-207.11, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under Va. Code Ann. Section 59.1-207.11(A), the manufacturer must refund:

The reasonable allowance for use is calculated by multiplying the full contract price by a fraction having as its denominator 120,000 and the number of miles the vehicle was driven prior to the consumer's first written report of the nonconformity to the manufacturer, agent, or dealer as its numerator. Va. Code Ann. Section 59.1-207.11(A).

[ ] REPLACEMENT

Under Va. Code Ann. Section 59.1-207.11(B), the manufacturer must provide a comparable new motor vehicle acceptable to the consumer.

B. Additional Relief

1. Attorney's Fees and Costs: Under Va. Code Ann. Section 59.1-207.14, a prevailing consumer may recover reasonable attorney's fees and costs.

2. Civil Penalty: Under Va. Code Ann. Section 59.1-207.14, a consumer may recover a civil penalty of up to two times the actual damages for manufacturer bad faith.

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 Va. Code Ann. Section 59.1-207.13(B). The manufacturer is entitled to one (1) additional repair attempt after receiving this written notice.

Please contact the undersigned within ten (10) business days to schedule the final repair attempt. If the defect is not cured, 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 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. Scheduling of the final repair opportunity

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 Virginia court
[ ] Report this matter to the Virginia Attorney General - Office of Consumer Protection

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 Virginia 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]
Virginia Attorney General - Office of Consumer Protection

VIRGINIA LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR VIRGINIA

1. Includes Motorcycles: Unlike many states, Virginia's lemon law covers motorcycles.

2. 120,000 Mile Denominator: Virginia uses 120,000 miles (not 100,000) for calculating the use offset, resulting in a smaller deduction.

3. Safety Defect Exception: Only 1 repair attempt is required for defects likely to cause death or serious bodily injury.

4. 18-Month Coverage Period: Virginia provides 18 months of coverage regardless of warranty term.

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

6. One Final Repair: After written notice, the manufacturer gets only one additional repair attempt.

7. Double Damages for Bad Faith: Virginia allows up to two times actual damages for manufacturer bad faith, providing significant leverage.

8. 18-Month Limitations Period: Claims must be brought within 18 months of the first report of nonconformity.

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