Lemon Law Demand Letter — Vermont

VERMONT LEMON LAW NOTICE, FORUM ELECTION, AND DEMAND

Send with the current official Demand for Arbitration, Form VN-219, and all required enclosures if electing the Vermont Board. Certified mail to the manufacturer's zone office is recommended.

Date: [__/__/____]

To Manufacturer's Zone Office

[Manufacturer Name]

[Zone Office Address]

[City, State ZIP]

Copy to Lessor, if applicable

[Lessor or Lease Assignee]

[Address]

[City, State ZIP]

Copy to Dealer for repair coordination only

[Dealer Name]

[Address]

[City, Vermont ZIP]

Re: Written notice and election under 9 V.S.A. § 4173(a)

Dear Sir or Madam:

After reasonable repair opportunities [or after at least 30 qualifying calendar days out of service], the Consumer gives written notice of the continuing nonconformity and elects a remedy path under Vermont's New Motor Vehicle Arbitration chapter. See 9 V.S.A. § 4173(a).

This letter supplements, but does not replace, the manufacturer-provided statutory form or Vermont DMV Form VN-219. If the Consumer elects the Vermont Motor Vehicle Arbitration Board, a complete copy of VN-219 and its enclosures must be sent to the manufacturer's zone office and the original filed with the Board.

1. EXCLUSIVE FORUM ELECTION

Select one. Under 9 V.S.A. § 4173(a)(2)-(3), the election precludes use of the path not selected.

• ☐ Vermont Motor Vehicle Arbitration Board. The Consumer elects the Board instead of the manufacturer's dispute settlement mechanism. Completed Form VN-219 is [enclosed / being filed on __________].
• ☐ Manufacturer's dispute settlement mechanism. The Consumer elects that mechanism instead of the Vermont Board. The applicable filing is [enclosed / being submitted on __________].

The Consumer's financing or lease payments are current and will remain current. See 9 V.S.A. § 4173(b).

2. COVERAGE INFORMATION

The vehicle is a covered passenger motor vehicle under 9 V.S.A. § 4171(6). If it is a truck, its GVWR does not exceed 12,000 pounds. It is not a tractor, motorized highway-building machine, road-making appliance, snowmobile, motorcycle, motor-driven cycle, or the living portion of a recreation vehicle.

The Consumer is not a governmental entity. A business or commercial enterprise claimant does not register or lease three or more motor vehicles. For a leased-vehicle claim, the written lease term is at least two years and the vehicle had not previously been leased by another person. See 9 V.S.A. § 4171.

For a used vehicle, Vermont DMV states that coverage may apply if the first repair occurred within the manufacturer's original express warranty and all other eligibility requirements are satisfied. An optional extended warranty or service contract does not substitute for the manufacturer's express warranty.

3. NONCONFORMITY AND IMPAIRMENT

The Consumer timely reported the following condition to the manufacturer, its agent, or an authorized dealer during the express-warranty term. See 9 V.S.A. § 4172(c).

1. Condition: [________________________________]
   Warranty coverage: [________________________________]
   Effect on use, market value, or safety: [________________________________]

2. Condition: [________________________________]
   Warranty coverage: [________________________________]
   Effect on use, market value, or safety: [________________________________]

The condition is not the result of consumer abuse, neglect, or unauthorized modification or alteration. See 9 V.S.A. § 4172(f).

4. REPAIR HISTORY AND FILING METHOD

Select the filing method:

• ☐ Three-times-out. The same condition is documented in at least three written repair or examination orders, at least the first attempt occurred within the express-warranty term, and the condition continues to exist on the filing date. The qualifying attempts were at the same agent or authorized dealer [or good cause for different facilities is: ________________________________]. See 9 V.S.A. § 4172(g)(1), (h).
• ☐ Thirty days out of service. The vehicle was unavailable for use for at least 30 cumulative or consecutive calendar days during the express-warranty term because it was under manufacturer or authorized-dealer control for repair for a major portion of each counted day. Vermont DMV treats four hours as a major portion. See 9 V.S.A. § 4172(g)(2).
• ☐ Reasonable opportunity without the presumption. The Consumer will prove the actual repair opportunities were reasonable: [________________________________].

5. FINAL REPAIR OPPORTUNITY

If arbitration is elected, the manufacturer has one final opportunity to assess and repair the claimed condition within the 45-day arbitration period, but the repair must be completed at least five days before the hearing or the opportunity is waived. 9 V.S.A. § 4173(c)-(d).

Please contact [name / telephone / email] promptly to arrange the final repair. The vehicle will be made reasonably available. If the repair is satisfactory, the Consumer may withdraw without prejudice to the statutory right to recommence arbitration within the time allowed by § 4179(a) if the condition recurs.

6. REQUESTED RELIEF

The Consumer requests:

• ☐ Refund under 9 V.S.A. § 4172(e)(1)(B); or
• ☐ Replacement under 9 V.S.A. § 4172(e)(1)(A).

Form VN-219 requires the Consumer to identify requested relief. Section 4172(e) gives a prevailing Consumer 30 days after the effective date of the Board's order to exercise the statutory option between refund and replacement.

Purchased-vehicle refund estimate

Current Board worksheet formula:

Vehicle price × ((odometer at first warranted repair or first qualifying day out of service − odometer at purchase) ÷ 100,000)

The Vermont purchase-and-use-tax refund is claimed from the State, not included in the manufacturer refund estimate. The State claim must be filed with the Commissioner of Motor Vehicles within 90 days after the order's effective date. 9 V.S.A. § 4172(e)(1)(B).

For a leased vehicle, use Vermont DMV's current Form VX-111 and the allocation in 9 V.S.A. § 4172(i). Do not apply the purchased-vehicle worksheet to a lease.

7. PROCEDURE, COSTS, AND DEADLINE

• Arbitration generally must occur within 45 days after receipt of a complete notice electing arbitration, subject to the statutory extension. 9 V.S.A. § 4173(c).
• No filing fee or costs are assessed against the Consumer for using the Board or manufacturer's mechanism. A person requesting dealer testimony or documents must arrange reasonable compensation in advance; if the Consumer prevails, the manufacturer reimburses those costs. 9 V.S.A. § 4175.
• A proceeding under Chapter 115 must begin within one year after expiration of the express-warranty term. 9 V.S.A. § 4179(a).
• A complete Board filing must include the current VN-219 and required enclosures. The claim may be returned if applicable enclosures are omitted.

Calculated filing deadline: [__/__/____]

8. RESPONSE AND RECORDS

Please provide within 14 calendar days—a requested response period, not a statutory deadline:

1. Final-repair appointment details;
2. The manufacturer's position on coverage and repair history;
3. Any settlement proposal; and
4. The manufacturer records requested in Section 7 of Form VN-219: [________________________________].

Please preserve the vehicle-specific warranty file, repair orders, technician time stamps, diagnostic data, communications, and technical service materials relevant to the claimed condition.

Respectfully,

________________________________

[Consumer or Attorney Name]

[Vermont Bar Number, if attorney]

[Address]

[Telephone]

[Email]

ENCLOSURES

• ☐ Form VN-219 and required copies
• ☐ Purchase contract or lease agreement
• ☐ Finance documents and total-interest-paid statement, if applicable
• ☐ Manufacturer's express warranty
• ☐ Repair orders and written examination reports
• ☐ Form VX-110 or VX-116 and supporting chronology
• ☐ Registration, title, fee, tax, insurance, and inspection records
• ☐ Incidental and consequential damage records

SOURCES AND REFERENCES

• Vermont Legislature — 9 V.S.A. § 4171 definitions
• Vermont Legislature — 9 V.S.A. § 4172 warranty enforcement and remedies
• Vermont Legislature — 9 V.S.A. § 4173 notice, election, final repair, and timing
• Vermont Legislature — 9 V.S.A. § 4175 fees and costs
• Vermont Legislature — 9 V.S.A. § 4176 reconsideration and appeal
• Vermont Legislature — 9 V.S.A. § 4179 limitation
• Vermont DMV — Lemon Law program and current forms
• Vermont DMV — current FAQs
• Vermont DMV — Form VN-219, Demand for Arbitration
• Vermont DMV — Form VX-112, purchased-vehicle refund worksheet
• Vermont DMV — Arbitration Board Rules