Here is a sample demand letter that would start the Lemon Law process in most states that you’d mail to your dealer in most states. Lemon Law is a rather complex and at times confusing set of laws to navigate. They vary from state to state, and each dealership and every car manufacturer has lawyers on hand who are experts in these laws, ready to do what they can to convince you not to pursue a claim.
We strongly recommend you consult with a Lemon Law attorney in your state. You’ll be able to start a conversation and understand your options as well as how strong your case is. A qualified Lemon law lawyer will also work hard to make sure you come out ahead than if you had to do it alone, even after sharing a portion of the settlement.
This sample is for California. If you live in a different state, then insert your state and the name of your state law. This is only a sample. You should consult an attorney before mailing a demand letter to your car dealer.
[City, State, Zip]
[Agent name, if known]
[City, State, Zip]
VIA CERTIFIED MAIL
Return Receipt Requested
Dear Sir or Madam:
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:
(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.
Is Your Car a Lemon? Speak to a Lemon Law Lawyer Today
If you think you have a lemon car, lemon truck, lemon RV, or lemon motorcycle, you deserve to be compensated. Lemberg Law can help you get justice – at no cost to you! Complete our form for a no-obligation case evaluation, or call toll free 877-795-3666.