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Here is a sample demand letter that would start the Lemon Law process in most states. Warning: Don't try this at home. We strongly recommend you consult with a Lemon Law attorney in your state. There is a lot at stake and it can be impossible to recover from a single misstep.
This sample is for California. Insert your state if different. This is only a sample. You should consult an attorney before mailing a demand letter.
[Your name]
[Your address]
[City, State, Zip]
[Daytime Phone]
[Date]
[Manufacturer]
[Agent name, if known]
[Address]
[City, State, Zip]
VIA CERTIFIED MAIL
Return Receipt Requested
Dear Sir or Madam:
In Re: Violation of Magnuson-Moss Warrantee Act, UCC and California Code
Purchase of: [Year, brand, model, VIN]
Date of Purchase: [Date]
TAKE NOTICE that this letter constitutes notice that [Manufacturer] is in violation of California's Song-Beverly Consumer Warranty Act, California Civil Code Section 1790-1795.8 ("Warranty Act") with regard to:
(AS APPLICABLE)
(1) Breach of Express Warranty (Note: This is normally in the Written
Warranty that accompanied the sale of the product or service.)
(2) Breach of an Implied Warranty Of (for example: Fitness For A Particular
Purpose.)
(LIST APPLICABLE FACTS OF YOUR COMPLAINT HERE)
On or about [date], I (we) purchased [vehicle] from [dealer] for a price of [$00,000]. [Next, provide additional details
and a Chronology/Sequence of Events --including but not limited to telephone
calls, letters, repair attempts, etc.]
(AGAIN AS APPLICABLE TO THE SITUATION/COMPLAINT):
A. (IF FOR BREACH OF EXPRESS WARRANTY)
Despite repeated attempts at repair by [dealer] the
[product/service] remains defective and therefore there has been a failure
and refusal to conform the product to its express warranty under the law.
B. (IF FOR BREACH OF IMPLIED WARRANTY)
Prior to the purchase I (we) explained to [dealer] the special
needs and circumstances for which I (we) was purchasing [vehicle]. I (we) asked [name of dealer representative] for a specific
representation to meet these needs and circumstances. Based upon the
specific representations and recommendations of [name of dealer representative], I (we)
purchased [vehicle] for a price of [$00,000]. As set
forth in the facts above, there has been a failure and refusal to conform
the product to the Implied Warranty Of Fitness For A Particular Purpose.
Based upon the above, demand is hereby made that you refund the sum of
[$00,000] to me (us) in full.
Please be advised that your failure to comply with this request within
thirty (30) days may subject you to the following remedies, which are
available for a violation of the Song-Beverly Consumer Warranty Act: California Civil Code Section 1790-1795.8 ("Warranty Act").
(1) [$00,000], The actual damages suffered;
(2) Civil Penalty of [$00,000], (up to twice the amount of actual damages);
(3 Any other relief which the court deems proper; and
(4) Court costs and attorneys' fees.
I look forward to receiving my refund. Thank you for your time and
consideration in this matter.
Sincerely,
________________________
[signature]
Cc: [your state's Consumer Affairs Department and/or Attorney General]
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May 12 2008
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