LEMON LAW DEMAND LETTER
STATE OF WEST 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: WEST 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 West Virginia Motor Vehicle Warranties Act, W. Va. Code Section 46A-6A-1 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. WEST VIRGINIA LEMON LAW FRAMEWORK
A. Statutory Authority
This demand is made pursuant to the West Virginia Motor Vehicle Warranties Act, W. Va. Code Section 46A-6A-1 et seq., commonly known as West 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 W. Va. Code Section 46A-6A-2, a "motor vehicle" means:
- A new motor vehicle purchased or leased in West Virginia
- A self-propelled vehicle primarily designed for transportation of persons or property over public highways
- Excludes: Motor homes, commercial vehicles over 10,000 pounds GVWR, motorcycles, and off-road vehicles
The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased new and is covered under West Virginia's Lemon Law.
C. Coverage Period
West Virginia's Lemon Law applies during:
- The Lemon Law Rights Period: The term of the express warranty OR one year following the date of original delivery, whichever comes first. W. Va. Code Section 46A-6A-3(a).
D. Presumption of Nonconformity
Under W. Va. Code Section 46A-6A-5, there is a rebuttable presumption that a reasonable number of attempts have been made if:
-
Same Nonconformity: The same nonconformity has been subject to repair three (3) or more times without success; OR
-
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 W. Va. Code Section 46A-6A-5(b), the consumer must provide written notification by certified mail to the manufacturer of the nonconformity. The manufacturer must be given a reasonable final opportunity to cure the nonconformity after receiving such notice.
THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.
II. VEHICLE INFORMATION
| Item | Details |
|---|---|
| Owner/Lessee | [CONSUMER FULL NAME] |
| Co-Owner/Co-Lessee | [IF APPLICABLE] |
| Year/Make/Model | [YEAR] [MAKE] [MODEL] |
| Trim Level/Package | [TRIM] |
| Vehicle Identification Number | [VIN] |
| Purchase/Lease Date | [DATE] |
| Delivering Dealer | [DEALER NAME AND LOCATION] |
| Purchase Price / Cap Cost | $[AMOUNT] |
| Current Odometer Reading | [MILEAGE] |
| Mileage at First Repair Attempt | [MILEAGE] |
| Type of Transaction | [ ] Purchase [ ] Lease |
III. WARRANTY INFORMATION
A. Manufacturer's Warranty
| Warranty Type | Duration | Status |
|---|---|---|
| Basic/Bumper-to-Bumper | [YEARS]/[MILES] | [ ] Active [ ] Expired |
| Powertrain | [YEARS]/[MILES] | [ ] Active [ ] Expired |
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 W. Va. Code Section 46A-6A-3:
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
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Result | [ ] Defect persisted [ ] Defect returned |
Repair Attempt #2
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Result | [ ] Defect persisted [ ] Defect returned |
Repair Attempt #3
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Result | [ ] Defect persisted [ ] Defect returned |
[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]
Summary of Repair Attempts
| Defect | Number of Repair Attempts | Total Days Out of Service |
|---|---|---|
| [PRIMARY DEFECT] | [NUMBER] | [DAYS] |
| TOTAL | [NUMBER] | [DAYS] |
VI. LEMON LAW QUALIFICATION
A. West Virginia Lemon Law Presumption Met
Our Client's vehicle qualifies as a lemon under West Virginia law because:
[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, exceeding the 3-repair threshold under W. Va. Code Section 46A-6A-5(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 W. Va. Code Section 46A-6A-5(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. ARBITRATION NOTICE
Under W. Va. Code Section 46A-6A-6, if [MANUFACTURER] sponsors an informal dispute settlement procedure that is certified by the West Virginia Attorney General 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 is not bound by the decision and may reject it and proceed to court.
[ ] [MANUFACTURER] does not have a state-certified informal dispute settlement procedure in West Virginia, and therefore the consumer may proceed directly to court.
VIII. DEMAND FOR RELIEF
Pursuant to W. Va. Code Section 46A-6A-3, we hereby demand:
A. Primary Relief (Choose One)
[ ] REPURCHASE/REFUND
Under W. Va. Code Section 46A-6A-3(a), the manufacturer must refund:
| Item | Amount |
|---|---|
| Full Contract Price | $[AMOUNT] |
| Plus: All Collateral Charges (taxes, fees, finance charges) | $[AMOUNT] |
| Plus: Incidental Damages (rental, towing, etc.) | $[AMOUNT] |
| Subtotal | $[AMOUNT] |
| Less: Reasonable Allowance for Use (see below) | ($[AMOUNT]) |
| TOTAL REFUND DUE | $[AMOUNT] |
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 as its numerator. W. Va. Code Section 46A-6A-3(a).
[ ] REPLACEMENT
Under W. Va. Code Section 46A-6A-3(b), the manufacturer must provide a comparable new motor vehicle acceptable to the consumer.
B. Additional Relief
-
Attorney's Fees and Costs: Under W. Va. Code Section 46A-6A-8, a prevailing consumer may recover reasonable attorney's fees and costs.
-
Civil Penalty: Available for willful violations of the statute.
-
Loan/Lease Payoff: The manufacturer must pay off any outstanding balance to the lienholder.
-
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 W. Va. Code Section 46A-6A-5(b).
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 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:
- Your position on whether the vehicle qualifies as a lemon
- Your offer for repurchase or replacement
- 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 West Virginia court
[ ] Report this matter to the West Virginia Attorney General - Consumer Protection Division
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 West 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]
West Virginia Attorney General - Consumer Protection Division
WEST VIRGINIA LEMON LAW QUICK REFERENCE
| Element | West Virginia Requirement |
|---|---|
| Statute | W. Va. Code Section 46A-6A-1 et seq. |
| Coverage | New motor vehicles |
| Excludes | Motor homes, commercial vehicles over 10,000 lbs GVWR, motorcycles, off-road vehicles |
| Coverage Period | Warranty term or 1 year, whichever first |
| Repair Attempts Required | 3 for same defect |
| Days Out of Service | 30 calendar days |
| Notice Required | Written notice by certified mail; reasonable final repair opportunity |
| Arbitration Required | Yes, if manufacturer has state-certified program |
| Mileage Offset | (Full Contract Price) x (Miles at First Report / 100,000) |
| Civil Penalty | Available for willful violations |
| Attorney's Fees | Yes, to prevailing consumer |
| Statute of Limitations | Within lemon law rights period or reasonable time after |
PRACTICE NOTES FOR WEST VIRGINIA
-
Three Repair Attempts: West Virginia only requires 3 repair attempts (vs. 4 in some states), providing earlier relief.
-
Certified Mail Required: The statute requires written notice by certified mail. Maintain proof of delivery.
-
State-Certified Arbitration: West Virginia requires the arbitration program to be certified by the Attorney General.
-
Excludes Motorcycles: Unlike some states, West Virginia's lemon law does not cover motorcycles.
-
Consumer Not Bound: If using manufacturer arbitration, the consumer is not bound by the decision and may reject it and proceed to court.
-
Calendar Days: West Virginia uses calendar days (not business days) for the 30-day out-of-service calculation.
-
Standard Mileage Offset: West Virginia uses the standard 100,000-mile denominator for calculating the use offset.
-
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 West Virginia attorney before use.