New Car Keeps Breaking Down? Get a Full Buyback or Replacement.

DEMAND FOR REPURCHASE OR REPLACEMENT UNDER SONG-BEVERLY CONSUMER WARRANTY ACT [Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [Manufacturer Name] [Manufacturer Legal/Customer Relations Address] [City, State ZIP] CC: [Dealer Name] [Dealer Address] Re: Lemon Law Demand - Request for Repurchase or Replacement Vehicle: [Year Make Model] VIN: [Vehicle Identification Number] Purchase Date: [Date of Purchase/Lease] Current Mileage: [Current Odometer Reading] Dear Sir or Madam: I am writing to formally demand that [Manufacturer Name] repurchase or replace my vehicle pursuant to the Song-Beverly Consumer Warranty Act, California Civil Code Sections 1790-1795.8. VEHICLE INFORMATION: Vehicle: [Year Make Model Trim] VIN: [17-digit VIN] Purchase/Lease Date: [Date] Selling Dealer: [Dealer Name and Location] Purchase Price: $[Amount] Current Mileage: [Miles] Mileage at First Repair: [Miles] NATURE OF DEFECT(S): Since purchasing this vehicle, I have experienced the following substantial defect(s) that impair the vehicle's use, value, and/or safety: [Describe the defect(s) in detail - e.g., "The transmission hesitates, jerks, and slips when shifting between gears, causing unsafe driving conditions and risk of collision. The check engine light repeatedly illuminates. The vehicle has stalled multiple times in traffic."] REPAIR HISTORY: I have presented this vehicle to your authorized dealer(s) for repair of these defects on the following occasions: 1. Date: [Date] | Mileage: [Miles] | Dealer: [Name] Complaint: [What you reported] Work Performed: [What dealer did] Days Out of Service: [Number] 2. Date: [Date] | Mileage: [Miles] | Dealer: [Name] Complaint: [What you reported] Work Performed: [What dealer did] Days Out of Service: [Number] 3. Date: [Date] | Mileage: [Miles] | Dealer: [Name] Complaint: [What you reported] Work Performed: [What dealer did] Days Out of Service: [Number] [Add additional repair visits as needed] Total Repair Attempts for Same Defect: [Number] Total Days Out of Service: [Number] LEGAL BASIS: Under California Civil Code Section 1793.2(d), if the manufacturer or its representative is unable to service or repair a new motor vehicle to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer must either promptly replace the vehicle or promptly make restitution. Civil Code Section 1793.22 creates a rebuttable presumption that a reasonable number of repair attempts has been exceeded when: (1) The same nonconformity has been subject to repair 4 or more times; OR (2) A nonconformity that is likely to cause death or serious bodily injury has been subject to repair 2 or more times; OR (3) The vehicle has been out of service for repair for a cumulative total of 30 or more calendar days. My vehicle meets the presumption under Section 1793.22 because: [State which criteria: "the same defect has been subject to [number] repair attempts" OR "the vehicle has been out of service for [number] cumulative days" OR both]. DEMAND: Pursuant to Civil Code Section 1793.2(d)(2), I hereby demand a FULL REFUND (repurchase) of my vehicle, including: • Full purchase/lease price paid • All sales and use taxes • Registration and license fees • All official fees and charges • Incidental damages incurred (rental vehicles, towing, etc.) • Less the mileage offset calculated per Civil Code 1793.2(d)(2)(C) [OR: "Alternatively, I will accept replacement with a substantially identical vehicle if a refund cannot be processed."] Please respond to this demand within thirty (30) days. If I do not receive a satisfactory response, I will have no choice but to pursue all available legal remedies, including litigation under the Song-Beverly Act. Please be advised that Civil Code Section 1794 provides for recovery of attorney fees and costs, and Civil Code Section 1794.5 provides for a civil penalty of up to two times the amount of actual damages if a violation is willful. A failure to promptly respond to this demand may be considered evidence of willful violation. I can be reached at [Phone] or [Email] to discuss resolution. Sincerely, _______________________________ [Your Signature] [Your Printed Name] Enclosures: • Copy of Purchase/Lease Agreement • All Repair Orders and Invoices • Warranty Booklet • Photos/Videos of Defect (if applicable) • Rental Car Receipts • Correspondence with Dealer/Manufacturer cc: [Selling Dealer - General Manager] [Your Attorney, if applicable]