IN THE IOWA DISTRICT COURT FOR [COUNTY] COUNTY

[PLAINTIFF NAME],
  Plaintiff,

v.

[DEFENDANT MANUFACTURER NAME],
[DEFENDANT DEALERSHIP NAME],
  Defendants.

Case No. _

COMPLAINT AND JURY DEMAND
(Automobile “Lemon Law” – Iowa Code ch. 322G; Magnuson-Moss Warranty Act)

[// GUIDANCE: Replace bracketed placeholders with client-specific information. Citations provided are foundational statutory references only.]

TABLE OF CONTENTS

1. Parties
2. Jurisdiction and Venue
3. Statutory Framework
4. Factual Allegations
5. Causes of Action
   5.1 Count I – Violation of Iowa Motor Vehicle Warranty Enforcement Act (Iowa Code ch. 322G)
   5.2 Count II – Breach of Written Warranty (Magnuson-Moss, 15 U.S.C. §§ 2301–2312)
   5.3 Count III – Breach of Implied Warranties of Merchantability & Fitness (Iowa Code ch. 554, Art. 2)
   5.4 Count IV – Common-Law Fraud/Misrepresentation (Alternative)
6. Prayer for Relief
7. Demand for Jury Trial
8. Reservation of Rights
9. Verification

1. PARTIES

1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is an individual adult resident of the State of Iowa, residing at [ADDRESS].

1.2 Defendant [MANUFACTURER NAME] (“Manufacturer”) is a foreign corporation qualified to do business in Iowa with its principal place of business at [ADDRESS] and registered agent [NAME/ADDRESS].

1.3 Defendant [DEALERSHIP NAME] (“Dealer,” and together with Manufacturer, “Defendants”) is an Iowa corporation with its principal place of business at [ADDRESS] and registered agent [NAME/ADDRESS].

[// GUIDANCE: Add or remove defendants such as finance company as needed.]

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction pursuant to Iowa Code § 602.6101 and concurrent jurisdiction under 15 U.S.C. § 2310(d)(1)(A).

2.2 Venue is proper in this County under Iowa R. Civ. P. 1. Venue because the transactions and occurrences giving rise to these claims took place here and Defendants conduct business here.

2.3 Exclusive state-court forum selection is consistent with the parties’ statutory rights; Plaintiff elects judicial relief after exhausting any prerequisite informal dispute settlement procedure recognized under Iowa Code § 322G.4.

3. STATUTORY FRAMEWORK

3.1 Iowa’s Motor Vehicle Warranty Enforcement Act, Iowa Code ch. 322G (the “Iowa Lemon Law”), protects purchasers of new motor vehicles that contain nonconformities which substantially impair use, value, or safety (“Nonconformity”).

3.2 The Act affords consumers the remedies of vehicle replacement or refund of the full vehicle purchase price upon the manufacturer’s failure to conform the vehicle after a reasonable number of repair attempts. Iowa Code §§ 322G.4–322G.7.

3.3 Prior to filing suit, a consumer must (i) notify the manufacturer of the Nonconformity and (ii) participate in any manufacturer-sponsored and state-approved informal dispute settlement procedure (“IDSP”). Iowa Code § 322G.5(3).

3.4 The Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301–2312, provides federal jurisdiction and attorneys’ fees for breaches of written and implied warranties.

4. FACTUAL ALLEGATIONS

4.1 On [DATE], Plaintiff purchased a new [YEAR/MAKE/MODEL/VIN] (the “Vehicle”) from Dealer for [PURCHASE PRICE] under a written manufacturer’s warranty (“Warranty”).

4.2 The Vehicle was accompanied by express written warranties and implied warranties of merchantability and fitness for a particular purpose.

4.3 Beginning on or about [DATE], the Vehicle manifested one or more Nonconformities, including but not limited to:
 a. [DEFECT #1];
 b. [DEFECT #2]; and
 c. [ADDITIONAL DEFECTS] (collectively, the “Defects”).

4.4 Plaintiff timely presented the Vehicle for warranty repairs on at least [NUMBER] occasions between [DATES], during which the Vehicle was out of service an aggregate [DAYS] days, exceeding statutory thresholds for a presumption of reasonable repair attempts. Iowa Code § 322G.4(2).

4.5 Despite these repair attempts, the Defects persist and substantially impair the Vehicle’s use, value, and safety.

4.6 On [DATE], Plaintiff provided Manufacturer with written notice of the Defects and requested relief under Iowa Code § 322G.5. Manufacturer failed to provide a replacement or refund within the statutory period.

4.7 Manufacturer maintains an IDSP. Plaintiff participated in good faith and obtained an adverse decision on [DATE], thereby exhausting mandatory administrative remedies under Iowa Code § 322G.5(3).

4.8 All conditions precedent to the filing of this Complaint have been satisfied, waived, or are otherwise excused.

5. CAUSES OF ACTION

5.1 Count I – Violation of Iowa Motor Vehicle Warranty Enforcement Act

(Against Manufacturer)

5.1.1 Plaintiff realleges Paragraphs 1 through 4.8 as though fully set forth herein.

5.1.2 Manufacturer failed to conform the Vehicle to the Warranty after a reasonable number of attempts, triggering Plaintiff’s statutory right to a refund or replacement. Iowa Code §§ 322G.4 & 322G.6.

5.1.3 Manufacturer’s refusal constitutes a violation of Iowa Code ch. 322G, entitling Plaintiff to damages, attorneys’ fees, expert costs, and equitable relief. Iowa Code § 322G.8.

5.2 Count II – Breach of Written Warranty (Magnuson-Moss)

(Against Manufacturer)

5.2.1 Plaintiff is a “consumer” and the Vehicle is a “consumer product” under 15 U.S.C. § 2301.

5.2.2 Manufacturer breached its written Warranty by failing to repair or replace the Vehicle.

5.2.3 Plaintiff is entitled to damages equal to the full purchase price, incidental and consequential damages, and reasonable attorneys’ fees under 15 U.S.C. § 2310(d)(2).

5.3 Count III – Breach of Implied Warranties of Merchantability & Fitness

(Against Dealer and Manufacturer)

5.3.1 By operation of Iowa Code § 554.2314 and § 554.2315, Defendants impliedly warranted that the Vehicle was merchantable and fit for its ordinary and particular purposes.

5.3.2 The persistent Defects render the Vehicle unmerchantable and unfit, proximately causing Plaintiff’s damages.

5.4 Count IV – Common-Law Fraud/Misrepresentation (Alternative Pleading)

(Against Dealer and Manufacturer)

5.4.1 To the extent Defendants misrepresented or concealed material facts regarding the Defects at the time of sale, Plaintiff pleads fraud in the alternative.

5.4.2 Plaintiff relied on such representations and suffered damages thereby.

[// GUIDANCE: Include additional counts such as revocation of acceptance if desired.]

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendants, jointly and severally, granting:

a. Replacement of the Vehicle with a new, comparable vehicle OR, at Plaintiff’s election, refund of the full purchase price (including taxes, fees, and incidental costs), subject to any reasonable mileage offset as allowed by Iowa Code § 322G.6;

b. Incidental and consequential damages, not to exceed the Vehicle’s purchase price in accordance with the agreed liability cap;

c. Reasonable attorneys’ fees and costs pursuant to Iowa Code § 322G.8 and 15 U.S.C. § 2310(d)(2);

d. Pre- and post-judgment interest as permitted by law;

e. All other legal and equitable relief, including permanent injunctive relief compelling replacement, as the Court deems just and proper.

7. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right under the Seventh Amendment of the U.S. Constitution and Article I, § 9 of the Iowa Constitution.

8. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to assert additional claims, parties, or damages as discovery may reveal, and expressly reserves all remedies not specifically pleaded herein.

9. VERIFICATION

I, [PLAINTIFF NAME], pursuant to Iowa R. Civ. P. 1.413(4), declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief.

Date: _______

[PLAINTIFF NAME]

Respectfully submitted,

[LAW FIRM NAME]
By: _____
[ATTORNEY NAME] (AT# ______)
[Address]
[Telephone]
[Email]
COUNSEL FOR PLAINTIFF

[// GUIDANCE: Include compliance certification if required by local rule, e.g., certificate of service.]