Kentucky Lemon Law Firms:
This is a list of law firms that are registered as specializing in Kentucky lemon law cases.

Kentucky Revised Statutes, § 367.840 to 367.846

367.840 Purposes.

KRS 367.841 to 367.844 shall be liberally construed and applied to promote the underlying purposes of KRS 367.841 to 367.844, which purposes are:

(1) To protect consumers who buy or lease new motor vehicles that do not conform to applicable warranties by holding manufacturers accountable for certain nonconformities;

(2) To limit the number of attempts and the amount of times that a manufacturer or its agents shall have to cure such nonconformities; and

(3) To require manufacturers to provide, in as expeditious a manner as possible, a refund, not to exceed the amount in KRS 367.842, or replacement vehicle that is acceptable to the aggrieved consumer when the manufacturer or its agents fail to cure any nonconformity within the specified limits.

367.841 Definitions.

(1) "Buyer" means any resident person who buys, contracts to buy, or leases a new motor vehicle in the Commonwealth of Kentucky. In the case of the lease of a new motor vehicle, "buyer" shall mean the lessor, lessee, or both.

(2) "Manufacturer" means any person or corporation, resident or nonresident, who manufactures or assembles new motor vehicles, including new conversion van manufacturers, which are sold in the Commonwealth of Kentucky.

(3) "Motor vehicle" means every vehicle which is self-propelled, and which is intended primarily for use and operation on the public highways and required to be registered or licensed in the Commonwealth prior to such use or operation; however, "motor vehicle" shall not include:

(a) Any vehicle substantially altered after its initial sale from a dealer to an individual;

(b) Motor homes;

(c) Motorcycles;

(d) Mopeds;

(e) Farm tractors and other machines used in the production, harvesting, and care of farm products; or

(f) Vehicles which have more than two (2) axles.

(4) "New motor vehicle" means a motor vehicle which has been finally and completely assembled and is in the possession of a manufacturer, factory branch, distributor, wholesaler, or an authorized motor vehicle dealer operating under a valid sales and service agreement, franchise, or contract for the sale of such vehicle granted by the manufacturer, factory branch, distributor, or wholesaler which is, in fact, new and on which the original title has never been issued.

(5) "Express warranty" or "warranty" means the written warranty, so labeled, of the manufacturer of a new automobile, including any terms or conditions precedent to the enforcement of obligations under the warranty.

(6) "Nonconformity" means a failure to conform with an express warranty in a manner which substantially impairs the use, value, or safety of the motor vehicle.

(7) "Reasonable allowance for use" means the amount directly attributable to a consumer's use of the vehicle other than those time periods when the vehicle is out of service due to the nonconformity.

367.842 Options of buyer.

If manufacturer unable to repair nonconformity in new motor vehicle; Rights of lien holder; Resolution of disputes; Dealer not liable.

(1) If, after a reasonable number of attempts, the manufacturer or its agents are unable to repair the nonconformity in the motor vehicle to the express warranty during the first twelve thousand (12,000) miles of operation or during the first twelve (12) months following the date of delivery to the buyer, whichever is the earlier date, that buyer shall report the nonconformity, in writing, to the manufacturer.

(2) If, within the period specified in subsection (1) of this section, the manufacturer or its agents, are unable to repair or correct any nonconformity or defect that substantially impairs the use, value, or safety of the motor vehicle, after a reasonable number of attempts, the manufacturer, at the option of the buyer, shall replace the motor vehicle with a comparable motor vehicle, or accept return of the vehicle from the buyer and refund to the buyer the full purchase price. The full purchase price shall include the amount paid for the motor vehicle, finance charge, all sales tax, license fee, registration fee, and any similar governmental charges plus all collateral charges, less a reasonable allowance for the buyer's use of the vehicle. Refunds shall be made to the buyer and lien holder, if any, as their interests may appear on the records of ownership kept by the Department of Vehicle Regulation. The provisions of this section shall not affect the interests of a lien holder, unless the lien holder consents to the replacement of the lien with a corresponding lien on the automobile accepted by the consumer in exchange for the automobile having a nonconformity, the lien holder shall be paid in full the amount due on the lien, including finance charges and other charges, before an exchange of automobiles or a refund to the consumer is made. It shall be an affirmative defense to any claim under this section that:

(a) The nonconformity, defect, or condition does not substantially impair the use, value, or safety of the motor vehicle; or

(b) The nonconformity, defect, or condition is the result of abuse, neglect, or unauthorized modification or alteration of the motor vehicle by the buyer.

(3) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranty if, within the first twelve thousand (12,000) miles of operation or during the period of, twelve (12) months following the date of original delivery of the motor vehicle to the buyer, whichever is the earlier date:

(a) The same nonconformity, defect, or condition has been subject to repair four (4) or more times by the manufacturer, but such nonconformity, defect, or condition continues to exist; or

(b) The vehicle is out of service/use by reason of repair of the same nonconformity, defect, or condition for a cumulative total of at least thirty (30) calendar days.

(4) Disputes arising under subsection (2) of this section concerning refund or replacement shall be resolved through the dispute resolution system established under either KRS 367.860 to 367.870, or 16 C.F.R. part 703. Such remedy shall be pursued prior to seeking any judicial relief under KRS 367.843.

(5) Nothing in this chapter may be construed as imposing any liability on a dealer or creating a cause of action by a consumer against a dealer.

(6) Nothing in this section shall in any way limit the rights or remedies which are otherwise available to a buyer under any other law.

(7) Any agreement entered into by a buyer for the purchase of a new motor vehicle which waives, limits, or disclaims the rights set forth in this section shall be void as contrary to public policy.

(8) Any action brought pursuant to this section shall be commenced within two (2) years after the date of original delivery of the new motor vehicle to the buyer.

(9) A court may award reasonable attorney's fees to a prevailing plaintiff.

367.843 Action for relief by purchaser.

Any person who purchases a motor vehicle and thereby suffers any ascertainable loss of money or property, real or personal, as a result of a violation of KRS 367.842, may bring an action under the provisions of KRS 367.220 for relief.

367.844 Manufacturer prohibited from exposing franchised dealer to liability.

No manufacturer shall, directly or indirectly, by any means or methods, expose or attempt to expose any franchised dealer to liability as forbidden in KRS 367.842(4) and (5). Any violation of this section shall be subject to all applicable provisions of the law, including but not limited to the provisions of KRS 190.062(2).

367.845 Enforcement of provisions of KRS 367.842 to 367.844 by Attorney General.

Noncompliance with the provisions of KRS 367.842 to 367.844 by a manufacturer shall be unlawful. The Attorney General shall have authority to enforce KRS 367.842 to 367.844 in accordance with powers provided by KRS 367.190 and 367.230, pertaining to acts declared unlawful by KRS 367.170. Any expenses accruing to the Attorney General from the provisions of KRS 367.842 to 367.844 shall be assessed by his office upon the motor vehicle manufacturer involved in any action cited in the provisions herein.

367.846 Application of KRS 367.840 to 367.845.

KRS 367.840 to 367.845 shall apply to new motor vehicles purchased after July 15, 1986, and to motor vehicles leased after July 15, 1998.

Primarily, the Lemon Laws specify that if you acquire (and in several states, lease) a brand new or pre-owned vehicle or other car with a warranty that does not work consistently, and the manufacturing business can't repair it in spite of recurrent efforts (inside a fixed time limit that fluctuates from state to state), or if the vehicle is in the shop for a set period of time (typically 30 days) because of its defects, you are entitled to a broad number of costs, inclusive of:

1. Money damages
2. A refund of the original price
3. A new automobile
Additionally, almost all of the Lemon Laws (as well as the Federal Warranty Law) have a fee transferring component which provides that if you win your case, the original maker or car dealership that sold you the lemon is forced to repay court fees.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Even though the attributes of each state's statute are distinct, the typical state Lemon Law statute affords cure to a consumer with a broken-down automobile purchased with a warranty if:

1. The dealership or original maker just can not properly remedy a specific problem in the item after a reasonable number of repair efforts (typically at least three);
2. The car can't be driven for at least 30 days due to troubles in the vehicle; or
3. The dealership or original maker just can't repair a deficiency that is a threatening safety hazard.

Usually, a bad vehicle is a vehicle with a problem or condition that substantially cripples its usability, marketability, or safety to the consumer and doesn't conform to the written warranty. Often times, the period in which the Lemon Laws apply are rather short; the troubles and resultant repair attempts (or out-of-service period) often must occur during the first two-years or 24,000 miles in which the purchaser owns the automobile. However, a number of states have even shorter periods. In addition, almost all states have notification and trigger requirements, such as wanting the consumer to send out registered mail notice to the manufacturing business of the defects and giving the dealer an option to remedy the vehicle. Furthermore, various states require that Lemon Law cases be solved through an arbitration system.

Generally, state Lemon Law regulation codes also are applicable to leased vehicles and preowned vehicles purchased while under the manufacturing business* basic warranty. A good number of state Lemon Laws also are applicable to automobiles other than passenger vehicles. based on the buyer's state of residence, or the state where the consumer purchased the car, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer products (such as electronics)
There are a number of significant remedies possible under the Lemon Laws. U.S. Statesten times, if the original producer just can't fix the motor vehicle, the consumer can either require the original producer to replace the vehicle, or demand the original producer to take the vehicle and repay the price paid plus incidental costs, including all expenses, towing fees, repair charges, related transportation costs and other damages incurred by the consumer as a result of the defects in the vehicle. Another important remedy available under most Lemon Laws is legal expenses. In almost all states, if you win in a Lemon Law lawsuit, you won't have to pay any legal expenses-the automobile maker that sold you your lemon is obligated to pay attorneys' bills.

The defendant motor vehicle original maker can implement several defenses to a Lemon Law claim. The conventional statute extends that the original producer is not guilty if it can prove that the defects at issue were caused by harm, forget about, or the modification or alteration of a motor vehicle by somone other than the original equipment manufacturer, an agent, or an authorized dealership. Restated, if the consumer damages his or her own vehicle, or the defects were caused by tampering or alterations executed by a third party, the original equipment manufacturer may not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer merchandise warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires makers and sellers of consumer goods to provide consumers itemized info about warranty coverage benefits. In addition, it determines both the rights of consumers and the obligations of warrantors under original warranties.

Although the Magnuson Moss Act does not call for an vehicle manufacturer to provide consumers with a warranty, if a warranty is supplied, the Magnuson Moss Act affords various protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for breaking the warranty by making breach of warranty noncompliance of federal law, and by allowing for public consumers to recoup court costs and sensible attorney's expenses.

The Magnuson Moss Act is frequently beneficial in a lemon case in which, for some reason, a state Lemon Law claim is unavailable or otherwise disadvantageous. For example, divaricate from the relatively short cycle provided to consumers inside virtually all Lemon Laws, you may bring a claim for breach of warranty after the warranty period has expired as long as the troubles came about during the warranty time period. Also, although a few Lemon Laws limit their coverage to a small number of vehicles, the Magnuson Moss Act is relevant to near all consumer goods. The Magnuson Moss Act may also be applicable if you bought or leased a used automobile without a manufacturing business warranty, or if the automobile is covered by a third party agreement or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all states. It is the main agent of law governing contracts dealing with the sale of products, including automobiles and other items. The UCC provides an alternative legal avenue for public consumers with lemon problems.

UCC code says that the consumer of a product is entitled to return goods which break in any aspect to the warranty. Therefore, if your recently purchased motor vehicle doesn't operate as guaranteed by the original equipment manufacturer (your written warranty is part of your consumer agreement), you may have a claim citing the UCC in addition to whatever other claims you might have.

The time period for rejecting a car with the UCC is not limitless. If you see a deficiency in your vehicle within a sensible inspection period, you may reject the vehicle. Unfortunately, brand new motor vehicles are often technically enigmatic and you might not acknowledge if your product conforms to the consumer agreement till after you purchase the product and defects begin to come up. Essentially, if Long after this inspection time you do not take back the product, you will be pronounced to have okayed it and may have no claim through the UCC.

The length of the review time period is not delineated in the regulation. The Courts decide how long the reasonable inspection period is based on the purchaser's understanding and experience, the purchaser's trouble in revealing the problem, and the purchaser's chance to observe the defect.

In spite of this limitation, the UCC provides that in certain examples where a buyer is deemed to have approved of products (i.e. the reasonable inspection period has elapsed), a buyer can still abrogate his acceptation of those goods where the non-conformity considerably degrades the value of the goods to him. Those instances include situations where it was challenging to see the nonconformity or the buyer was told that the non-conformity would be repaired. Re-stated, the local court will relieve the buyer from not having rejected the goods where the buyer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a vehicle excessively fails and you have to keep bringing it back to the dealer for repair under the written warranty, the automobile lemon law can be your next refuge. The failing must be substantial where it hinders your driving the vehicle or your safety. A vehicle stalling perpetually is a substantial failing. This is precisely the type of condition that may stymie your driving and your safety. Under the vehicle lemon law you are not obligated to demonstrate why the automobile is stalling, you just have to verify that it is stalling. In essence you need to check out the lemon law in these three examples: the automobile keeps dying within the warranty period, the automobile is a safety risk, the dealership is unable to rebuild the automobile when it is guaranteed.

If you own a vehicle which is a lemon you can immediately write to the original maker and ask for a replacement item. If this requirement is not satisfactory to the original maker, you may move into an arbitration process. A few manufacturers have their own arbitration program. Other manufacturers use third party arbitration program such as Autoline by the BBB. The assessment of the arbitrators is binding on the original maker but not on the buyer. If unsatisfied with the recommendation, the buyer can take the original maker to court.

Virtually all laws state that the consumer needs to be returned back to the fiscal status they were in prior to purchasing the motor vehicle, less the amount that the consumer benefited from by using the motor vehicle. To get the payback sum several factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new pre-owned automobiles might qualify under normal lemon laws. For example, a pre-owned automobile may fall under normal lemon laws if it is less than one year old and has fewer than 12,000 miles on the odometer. States which do have a used automobile lemon law may be additionally generous with the age and measure of mileage. Still, the car has to be sold by a car dealership that offers a warranty. Private sales aren't governed, nor are vehicles sold under a declared price paid. There may be additional restrictions to a used car lemon law such as the proposes in which the motor vehicle is used or the classification of motor vehicle. Older vehicles, are commonly excluded from used car lemon laws. Used car lemon laws normally cover a much shorter period than brand new car regulations. They often range from 30 to 90 days, depending on your used vehicle's mileage.
When selecting an attorney for your lemon case, make sure that your lawyer is knowledgeable about the laws that cover to your state. Also enquire about the pricing structure. Many lemon law lawyers get a generally modest retainer to cover a lemon law claim, and thereafter, the lawyer's bills are billed to the maker. Therefore, lemon law claims are commonly very affordable to customers. The reimbursement of attorney expenses varies from state to state. About one-half of the states permit you to recuperate your Lawyer charges if you win. The lawyer's fee is based upon actual time spent rather than being linked to any share of the recovery. In some States, you must pay the manufacturer's attorney's charges if you lose.

Consumers should record their charges in writing and retain a copy. In any written correspondence, always explain how taxing it is to return the car to the car dealership for corrections and that the dependability that the owner thought She was acquiring has been non-existent. Any written correspondence with a car dealership or maker should be sent using certified mail. In many claims the manufacturers claim that they have not had the required number of tries to correct the condition. They count on the reality that the owner doesn't keep repair orders for each time they have taken the automobile into the shop. They also bet on the possibility that the repair orders have seperate parts repaired each occurance establishing that they haven't repaired the same problem. Consumers should reply by demanding that dealers always present them a warranty repair ticket. Consumers ought to also reason that these unwritten trips are attempts.

Make sure to be mindful of your lemon law rights. Upon purchase, immediately read your owner's folder and warranty references thoroughly, as well as the info on lemon law rights which you should get when you buy your car. Don't count on your car dealership to teach you what problems are covered by warranty. If your car dealership states that a problem isn't covered and you think that he or she is decieving you, be civil but self-asserting. Don't be afraid to bring out the section of the warranty that applies, or to call the original producer for verification utilizing the contact info included in your owner's folder. You should not be obliged pay for corrections related to lemon law complaints. It's also essential to advise the original producer of a complaint straightaway. If you are suspicious that your car has a condition that just can not be repaired, go over your lemon law rights to see when you are able to bring a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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