LEMON LAW DEMAND LETTER

STATE OF WASHINGTON

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: WASHINGTON 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 Washington Motor Vehicle Warranties Act, RCW 19.118.005 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. WASHINGTON LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Washington Motor Vehicle Warranties Act, RCW 19.118.005 et seq., commonly known as Washington's Lemon Law, which provides comprehensive protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.

B. Covered Vehicles

Under RCW 19.118.021(6), a "new motor vehicle" means:
- A new motor vehicle purchased or leased in Washington
- A vehicle that has not been previously titled
- Used primarily for personal, family, or household purposes
- Excludes: Motor homes, motorcycles, and trucks over 19,000 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 Washington's Lemon Law.

C. Coverage Period

Washington's Lemon Law applies during:
- The Lemon Law Rights Period: 24 months from the date of original delivery OR 24,000 miles, whichever comes first. RCW 19.118.041(1).

D. Presumption of Nonconformity

Under RCW 19.118.041, 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. Serious Safety Defect: Two (2) repair attempts 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 RCW 19.118.041(2), the consumer must provide written notification to the manufacturer of the nonconformity. The manufacturer must be given a final opportunity 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 RCW 19.118.031:

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. Washington Lemon Law Presumption Met

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

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, exceeding the 4-repair threshold under RCW 19.118.041(1)(a).

[ ] Serious Safety Defect Threshold Met:
A nonconformity likely to cause death or serious bodily injury exists after [NUMBER] repair attempts, meeting the 2-repair threshold under RCW 19.118.041(1)(b).

[ ] 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 RCW 19.118.041(1)(c).

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

Washington has a state-sponsored New Motor Vehicle Arbitration Board. Under RCW 19.118.080:

• Consumers may request arbitration through the Washington New Motor Vehicle Arbitration Board
• Alternatively, if the manufacturer has a certified arbitration program under RCW 19.118.110, the consumer may use that program
• Arbitration must be completed before filing a civil action

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

[ ] Our Client will use the manufacturer's certified arbitration program.

Deadline: Requests must be made within 30 months from the date of original delivery. RCW 19.118.061(1).

VIII. DEMAND FOR RELIEF

Pursuant to RCW 19.118.031, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under RCW 19.118.031(1)(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 manufacturer's receipt of written notice from the consumer as its numerator. RCW 19.118.031(1)(a).

[ ] REPLACEMENT

Under RCW 19.118.031(1)(b), the manufacturer must provide a comparable new motor vehicle acceptable to the consumer.

B. Additional Relief

1. Attorney's Fees and Costs: Under RCW 19.118.090, a prevailing consumer may recover reasonable attorney's fees and costs.

2. Civil Penalty: Under RCW 19.118.090, a consumer may recover a civil penalty of up to two times actual damages 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 RCW 19.118.041(2).

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

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

[ ] File for arbitration with the Washington New Motor Vehicle Arbitration Board
[ ] Report this matter to the Washington 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 Washington 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]
Washington New Motor Vehicle Arbitration Board
Washington Attorney General - Consumer Protection Division

WASHINGTON LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR WASHINGTON

1. State Arbitration Board: Washington has a state-sponsored New Motor Vehicle Arbitration Board that provides free arbitration for consumers.

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

3. Higher Truck GVWR Limit: Washington covers trucks up to 19,000 pounds GVWR, higher than most states.

4. Serious Safety Defect Exception: Only 2 repair attempts are required for defects likely to cause death or serious bodily injury.

5. 30-Month Deadline: The deadline to file for arbitration is 30 months from delivery, one of the longer periods.

6. Mileage Offset at Notice: Washington calculates the use offset based on mileage at the time of written notice, not at first repair.

7. Double Damages for Willful Violations: Washington allows up to two times actual damages for willful violations.

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

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