LEMON LAW DEMAND LETTER

STATE OF VERMONT

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: VERMONT 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 Vermont Motor Vehicle Arbitration Act, 9 V.S.A. Section 4170 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. VERMONT LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Vermont Motor Vehicle Arbitration Act, 9 V.S.A. Section 4170 et seq., commonly known as Vermont'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 9 V.S.A. Section 4171(4), a "motor vehicle" means:
- A passenger motor vehicle purchased or leased in Vermont
- A vehicle as defined in 23 V.S.A. Section 4(21) used for personal, family, or household purposes
- Excludes: Commercial vehicles, motorcycles, and motor homes

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

C. Coverage Period

Vermont's Lemon Law applies during:
- The Warranty Period: The term of the manufacturer's express warranty. 9 V.S.A. Section 4172(a).

D. Presumption of Nonconformity

Under 9 V.S.A. Section 4173, 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. 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 9 V.S.A. Section 4173(b), the consumer must provide written notification to the manufacturer of the nonconformity. The manufacturer must be given a reasonable number of attempts 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 9 V.S.A. Section 4172:

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

[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]

Summary of Repair Attempts

VI. LEMON LAW QUALIFICATION

A. Vermont Lemon Law Presumption Met

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

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, exceeding the 3-repair threshold under 9 V.S.A. Section 4173(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 9 V.S.A. Section 4173(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. VERMONT MOTOR VEHICLE ARBITRATION BOARD

Vermont has a unique state-sponsored Motor Vehicle Arbitration Board that handles lemon law disputes. Under 9 V.S.A. Section 4174:

• Consumers must request arbitration through the Vermont Motor Vehicle Arbitration Board before bringing a civil action
• The arbitration is free to consumers
• The Board's decision is binding on the manufacturer if the consumer accepts it
• The consumer may reject the decision and proceed to court

[ ] Our Client intends to file for arbitration with the Vermont Motor Vehicle Arbitration Board if this demand is not satisfied.

Deadline: The request for arbitration must be made within the warranty period plus 30 days OR within 2 years from the date of delivery, whichever is earlier.

VIII. DEMAND FOR RELIEF

Pursuant to 9 V.S.A. Section 4172, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under 9 V.S.A. Section 4172(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 the vehicle was driven prior to the consumer's first report of the nonconformity to the manufacturer, agent, or dealer as its numerator. 9 V.S.A. Section 4172(a)(1).

[ ] REPLACEMENT

Under 9 V.S.A. Section 4172(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 9 V.S.A. Section 4181, a prevailing consumer in court action may recover reasonable attorney's fees and costs.

2. Civil Penalty: Available 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 written notice and reasonable opportunity to repair required under 9 V.S.A. Section 4173(b).

Please contact the undersigned within ten (10) business days to schedule a final repair attempt. If the defect is not cured within a reasonable time, our Client will file for arbitration with the Vermont Motor Vehicle Arbitration Board.

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 a final repair opportunity, if desired

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

[ ] File for arbitration with the Vermont Motor Vehicle Arbitration Board
[ ] Report this matter to the Vermont 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 Vermont law.

We urge you to resolve this matter promptly and avoid unnecessary arbitration proceedings.

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]
Vermont Motor Vehicle Arbitration Board
Vermont Attorney General - Consumer Assistance Program

VERMONT LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR VERMONT

1. State-Sponsored Arbitration: Vermont has a unique state-run Motor Vehicle Arbitration Board. Arbitration is free to consumers and must be used before filing a court action.

2. Three Repair Attempts: Vermont only requires 3 repair attempts (vs. 4 in some states), providing earlier relief.

3. Warranty Period Coverage: Vermont's coverage period is tied to the warranty term, not a specific time period. Longer warranties mean longer coverage.

4. Arbitration Deadline: Must file within warranty period plus 30 days OR 2 years from delivery, whichever is earlier.

5. Binding on Manufacturer: The Arbitration Board's decision is binding on the manufacturer if accepted by the consumer.

6. Free Arbitration: The state arbitration process is free to consumers.

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 Vermont attorney before use.