The Demand Letter in Massachusetts Lemon Law Cases

Under the provisions of the Massachusetts Consumer Protection Act, your Lemon Law case begins with a demand letter to the manufacturer and/or dealer.  The Manufacturer’s time to make the Final Repair begins when the manufacturer receives this letter or when the Manufacturer knows, or should have known, that your car has been subject to repair for 15 business days or the same problem has been repaired at least 3 times.

If the Manufacturer fails to make the Final Repair within 7 business days of its receipt of the letter, your vehicle is deemed a ‘lemon’ under the law.  Moreover, if the manufacturer fails to make a reasonable offer to settle within 30 calendar days of receiving the letter, you may receive between two and three times the amount of your actual damages.

The letter must include:

1. Your full name and address
2. A description of the problem with your vehicle and the unfair or deceptive act or practice and other important facts
3. The injury you suffered as a result of the unlawful act
4. The demanded relief, including the amount of money you are demanding to    recover

To secure your right to double or treble damages if your case goes to trial, the demand letter should be sent by certified mail, with a return receipt requested.

Sample Demand Letter

[Your name]
[Your address]
[Your telephone number]
[Date]
VIA CERTIFIED MAIL

[Name of Manufacturer]
[Manufacturer’s address]

[Name of Dealer]
[Dealer’s address]

Dear Merchant:

 

On or about [date], I purchased  ____________[ describe the vehicle].  The vehicle is a lemon because [Explain problems with the vehicle]

Massachusetts Lemon Law requires that you undertake a ‘final repair attempt’ within 7 business days of your receipt of this letter.  “I believe my vehicle is a lemon under the provisions of Massachusetts lemon Law”  Chapter 93A of the Massachusetts General Laws gives you the opportunity to make a good-faith response to this letter within thirty (30) days.  Your failure to make a good faith offer to settle subjects you treble damages, attorney’s fees and costs of litigation.

As a result of this unfair or deceptive act or practice, I suffered injury or loss of money as follows: [Indicate injury or money or property loss]

Therefore, I hereby demand the following relief: [Indicate relief, or payment for damages, that you’re seeking]

Sincerely,
[Your name]