Many times, either before or even after litigation has started, there is a need to send a demand letter to either the other lawyer or the dealership. This is an example of a letter to a dealership that was written to try to resolve a case.
Dear Mr. XXXXXX:
The following is the plaintiff’s demand.
It is clear that there is significant liability in this case as a result of your client’s conduct. There were representations pertaining to the nature and extent of the original vehicle, the Outlander. Your client represented the vehicle had six cylinders when it had four cylinders, and admitted this misrepresentation when they took the vehicle in on return.
Thereafter, plaintiff was promised that the deposit would be applied to the Ford Escape, the second vehicle. This was never done, upon review of the documentation. It is clear that my client was not provided any credit for his trade vehicle which indicates a value of $21,000 and a payoff of $21,000. Further, the second vehicle which was acquired by my client was clearly overpriced in the amount of $3,630. The MSRP was $20,200 and the agreed-upon price of the vehicle was approximately $23,630. Since this vehicle is a used vehicle, giving your client the benefit of the doubt, the vehicle should only be priced at the original MSRP.
There are numerous other issues with regard to liability, such as no price on the car, used car prep charges, aftermarket charge of $1,555 and a lease acquisition fee of approximately $1,000, which is clearly unjustified in this case. Lastly, your client failed to complete the lease waiver, which violates the New Jersey Consumer Leasing Act.
As a result of this, my client has sustained significant damage in this case, including the $2,000 deposit, the $3,630 overcharge for the Ford Escape and $7,637 of finance charges on the second vehicle. These do not even include the $1,555 for the after market item on deal number one or the $1,000 lease acquisition fee. When these items are trebled they are in excess of $40,000 plus counsel fees and costs. Therefore, I respectfully request that you contact me with a counter offer in this matter.
Further, if this matter does not settle I would like to take deposition of your client with regard to how this transaction was processed. I understand the discovery end date is set for August 25, 2006, which will probably not leave us enough time to conduct this deposition. However, I will make a motion to bar any facts or testimony which is not included in your client’s Answers to Interrogatories to date. I reviewed the documents and your client’s Answers to Interrogatories, and clearly I do not think your client is exactly sure what the affirmative defenses are.
Please advise as soon as possible. Thank you for your anticipated cooperation.
Very truly yours,