Letter of Notification
You’ve read through your state’s lemon laws, reviewed the general qualifications of a lemon on our home page and are convinced you, indeed, have a huge, inedible piece of citrus sitting in your garage. So, what’s the next step?
Since every state’s Lemon Law is specific, we will not address 50 slightly different procedures. What we can do is describe the general process that the majority of state laws include in the legislation.
That first step in resolving your lemon is written notification to your car’s manufacturer. You’ll find the appropriate address in your owners’ manual. As a point of reference, the writer’s ’95 Dodge Ram manual dealt with this issue as a note under the subheading “Emergency Warranty Repairs.” In other words, you may not find a listing for Lemon Resolution in the manual’s table of contents.
The notification should be sent by certified mail which provides you with proof of delivery. Include in the letter the following details:
- Your name, address and daytime phone number
- Year, make and model of the vehicle
- The vehicle’s VIN number, which should be on the vehicle registration as well as on the vehicle itself (check our information on avoiding a used lemon to help locate the number).
- The dealer’s name and address.
- Indicate that the vehicle has a “nonconformity” and describe that nonconformity. Okay, a nonconformity is actually the defect or complaint, but you might as well use the right vocabulary.
- Outline the number of repair attempts including dates.
- Demand a refund or replacement vehicle to be received within 60 days of the date you mailed the notice. If you’re asking for a refund, include copies of your purchase agreement and other expenses.
- While we use words like “demand,” the tone of this letter should be non-emotional and business-like.
State Variables
Here are some of the reasons you need to be familiar with your state’s Lemon Laws.
- There may be a time-limit on when this notification letter has to be written—one reason why you need to move quickly if you suspect your vehicle qualifies as a lemon. For instance, some states require that the notice be sent within 60 days after the express warranty (written warranty) ends or within 60 days after the one-year anniversary of the date the owner took delivery of the vehicle—whichever comes first.
- Some laws require one last attempt on the part of the manufacturer to repair the defect—this is beyond the number of attempt requirements in the laws themselves—before you proceed to the next step.
- Most states are extremely generous in the refund area. For instance, Alabama includes the full contract price including prep and transportation charges, all collateral charges (sales tax, license, registration fees) incidental damages (alternative transportation while the vehicle was out of service). Most states, including Alabama, provide an allowance for use to be deducted by the manufacturer. If you’re requesting a refund in your notification letter, itemize everything you’re entitled to—let the manufacturer figure out the allowance.
- Texas and other states require that a complaint be filed with the state Department of Transportation. Texas provides a form to be filled out as part of this process. A $35 fee has to accompany the complaint form if you are requesting a replacement or repurchase of your lemon. The manufacturer will refund the fee, assuming you prevail at the hearing. If you are only requesting repairs under warranty, no fee is required. This avenue of resolving a lemon, fee structure, etc., will vary from state to state.
- If your state offers a complaint system, like Texas, through the Dept. of Transportation, or in some cases, the state’s Attorney General’s office, determine if that complaint requires the manufacturer’s response from your initial notification letter. In some cases, you will have to wait to file a complaint with the state until the letter of notification route has run its course and not proven satisfactory. The state will ask the manufacturer to resolve the issue and may include some form of Informal Dispute Resolution; the difference is that the state has more clout than you do and in many cases also have the ability to levy a fine against the manufacturer.
Keep track of mileage on your lemon, from the first repair attempt through the initial letter of notification to the manufacturer and every step to the final resolution. The reason is tied into the fact a refund from the manufacturer will include a deduction for usage.
What to Expect
The skeptics will respond to this question with “not much.” They may be right. For those who see a glass half full, you can expect the manufacturer to contact you and arrange to have your car inspected. For the glass-half-empty folks, you can expect the response to be a simple “you don’t have a claim.” In that case, the auto maker has put the ball back in your court. At this point, your recourse is to proceed to the next step—an Informal Dispute Resolution procedure—or whatever your specific state law requires.
If you suspect your vehicle is a lemon, contact us using the form on the right and we’ll help you locate a lemon lawyer.
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