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 purchase (and in many states, lease) a brand new or pre-owned vehicle or other car with a warranty that struggles to consistently run after repair attempts, and the original producer just can't recondition it in spite of recurring tries (inside a set time limit that differs from state to state), or if the vehicle is out of service for a fixed time (generally 30 days) because of its flaws, you are entitled to a wide number of breaks, including:

1. Monetary restitution
2. A compensation of the cost
3. A brand new car
Furthermore, virtually all the Lemon Laws (as well as the Federal Warranty Law) feature a fee shifting mechanism which stipulates that if you win your suit, the manufacturing business or car dealership that sold you the lemon is obliged to pay your legal invoices.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Although the wording of each state's statute differ, the conventional state Lemon Law statute affords cure for owners with a broken-down automobile purchased with a warranty if:

1. The dealer or manufacturing business cannot correctly repair a particular failing in the automobile after a reasonable number of repair tries (ordinarily at least 3);
2. The vehicle can't be used for at least 30 days due to defects in the car; or
3. The dealer or manufacturing business just can't remedy a fault that is a critical safety hazard.

Most of the time, a defective motor vehicle is a motor vehicle with a condition or condition that frequently degrades its drivability, economic value, or safety to the consumer and doesn't conform to the written warranty. Typically, the period in which the Lemon Laws apply are relatively short; the defects and subsequent repair efforts (or out-of-service period of time) often will occur during the first 2-years or 24,000 miles that you own the automobile. However, a number of states have even shorter periods. Also, many states have notice and trigger prerequisites, such as expecting the consumer to give registered post notice to the original equipment manufacturer of the flaws and presenting the dealer a chance to remedy the car. Moreover, numerous states expect that Lemon Law lawsuits be resolved through an arbitration proceeding.

Generally, state Lemon Law regulation codes also are applicable to leased automobiles and used vehicles purchased whilst under the manufacturing business* original warranty. A lot of state Lemon Laws also are applicable to automobiles other than passenger vehicles. based on the consumer's home residence, or the state where the consumer bought the car, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer products (like computers)
There are many effective solutions possible under the Lemon Laws. U.S. statesally, if the manufacturing business just can not repair the automobile, the consumer can either expect the manufacturing business to replace the car, or make the manufacturing business to take the car and return the original cost together with incidental costs, such as all expenses, towing charges, repair costs, associated travel charges and other charges incurred by the consumer as a result of the shortcomings in the car. Another important relief available under most Lemon Laws is litigation fees. In many states, if you prevail in a Lemon Law suit, you do not have to pay any attorneys' charges-the motor vehicle manufacturer that sold you your lemon is required to pay legal charges.

The defendant motor vehicle original equipment manufacturer can utilize assorted defenses to a Lemon Law claim. The conventional statute provides that the original producer is not responsible if it can demonstrate that the flaws in question happened due to misdeed, neglect, or the modification or alteration of a auto by a party other than the maker, an agent, or an authorized dealership. Put differently, if the consumer damages his or her own automobile, or the flaws were caused by modifications or adjustments executed by an unauthorized dealer, the maker may not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer product warranties. Approved by Congress in 1975, the Magnuson Moss Act requires makers and vendors of consumer goods to provide consumers detailed info about warranty coverage. In addition, it infects both the rights of customers and the responsibilities of warrantors under manufacturer warranties.

Although the Magnuson Moss Act doesn't call for an automobile original equipment manufacturer to supply consumers with a warranty, if a warranty is provided, the Magnuson Moss Act extends numerous protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for not honoring the warranty by making breach of warranty a violation of federal law, and by allowing for purchasers to recover litigation costs and reasonable attorneys' expenses.

The Magnuson Moss Act is frequently beneficial in a lemon lawsuit where, for some reason, a state Lemon Law claim is not available or otherwise unsuited. For example, unlike the relatively short period provided to purchasers inside many Lemon Laws, you may record a claim for breach of warranty after the warranty period has expired as long as the problems occured during the warranty period. Furthermore, although some Lemon Laws limit their coverage to a small offering of vehicles, the Magnuson Moss Act applies to almost all consumer goods. The Magnuson Moss Act could also apply if you purchased or leased a used automobile without a manufacturer's 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 enacted in all states. It is the prime source of law governing product contracts, including automobiles and other items. The UCC affords a legal route for customers with lemon troubles.

UCC code provides that the purchaser of a good is entitled to return merchandise which do not perform in any way to the consumer warranty. Basically, if your brand new motor vehicle doesn't work as bound by the maker (your manufacturer warranty is a portion of your consumer warranty), you can file a claim citing the UCC in addition to whatever other claims you may have.

The period of time for taking back a vehicle with the UCC is not limitless. If you discover a gremlin in your automobile inside a sensible review period, you can reject the motor vehicle. Unfortunately, brand new vehicles are frequently mechanically complex and you might not know whether your car conforms to the consumer warranty till long after you acquire the car and troubles start to arise. Therefore, if After this review time you do not return the car, you will be stated to have approved of it and might have no claim through the UCC.

The length of the review period is not specified in the regulation. Courts determine how long the reasonable inspection period is based on the purchaser's familiarity and experience, the purchaser's difficulty in revealing the problem, and the purchaser's chance to see the deficiency.

In spite of this limitation, the UCC provides that in certain examples where a buyer is said to have approved of goods (i.e. the reasonable inspection time period has elapsed), a buyer can still revoke his approval of those goods where the non-conformity considerably impares the value of the goods to him. Those examples include circumstances in which it was arduous to notice the nonconformity or the buyer was ensured that the non-conformity would be remedied. In different words, the local court will pardon the buyer from not refusing 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 automobile excessively breaks and you have to keep bringing it back to the car dealership for repair under the warranty, the automobile lemon law might be your next course. The deficiency must be substantial in which it impedes your driving the car or your safety. A car stalling frequently is a substantial deficiency. This is precisely the type of condition that could stymie your driving and your safety. Under the auto lemon law you are not required to show why the vehicle is stalling, you simply have to verify that it is stalling. In essence you need to check into the lemon law in these three instances: the vehicle keeps breaking within the warranty time period, the vehicle is a safety risk, the dealer is unable to correct the vehicle when it is guaranteed.

If you own a car which is a lemon you can directly write to the manufacturer and ask for another equivalent car. If this request is not satisfactory to the manufacturer, you may move into an arbitration program. A few makers have their own arbitration program. Other makers utilise third party arbitration program such as Autoline by the BBB. The proposal of the arbitrators is binding on the manufacturer but not on the buyer. If unsatisfied with the proposal, the buyer can take the manufacturer to court.

Virtually all laws specify that the customer ought to be restored back to the financial situation they were in prior to purchasing the vehicle, less the amount of money that the customer profited from by using the vehicle. To get the payback total many factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new used motor vehicles may qualify under regular lemon laws. For example, a pre-owned vehicle 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 that do have a used vehicle lemon law will be extra generous with the age and measure of mileage. Still, the car needs to be sold by a car dealership that extends a written warranty. Individual sales aren't regulated, neither are motor vehicles sold under a certain purchase price. There might be other restrictions to a used car lemon law such as the proposes in which the vehicle is pre-owned or the categorization of vehicle. Vintage vehicles, are normally excluded from pre-owned car lemon laws. Used car lemon laws usually cover a much shorter period of time than brand new car regulations. They frequently range from 30 to 90 days, based on your used vehicle's mileage.
When finding an attorney for your lemon case, make sure that your lawyer is knowledgeable about the laws that apply to your state. Also enquire about the fee structure. Many lemon law lawyers need a generally small retainer to address a lemon law claim, and thenceforth, the attorney's fees are sent to the manufacturer. In essence, lemon law claims are ordinarily very inexpensive to purchasers. The reimbursement of attorney charges varies from state to state. About one-half of the states let you to recuperate your Lawyer expenses if you win. The attorney's fee is based on actual time expended instead of being connected to any other percent of the recovery. In a select few States, you must pay the manufacturer's lawyer's fees if you lose.

Consumers ought to put their concerns in writing and hold a copy. In all written correspondence, always delineate how burdensome it is to bring the motor vehicle to the dealership for corrections and that the reliability that the buyer believed He was getting has been non-existent. Any written correspondence with a dealer or manufacturer must be sent using certified mail. In most cases the makers claim that they haven't had the essential number of endeavors to repair the defect. They rely on the fact that the buyer doesn't file repair orders for each time they have brought the automobile into the repair facility. They also count on the possibility that the repair orders have seperate items repaired every occurance showing that they haven't repaired the same problem. Consumers should respond by expecting that sellers always give them a warranty repair order. Consumers should also reason that these undocumented visits are attempts.

Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately scan your owner's binder and warranty info completely, as well as the info pertaining lemon law rights which you ought to receive when you purchase your car. Don't bet on your dealer to show you what troubles are covered by warranty. If your dealer states that a problem isn't covered and you believe that he is purposely misleading you, be civilized but self-asserting. Don't be frighted to point out the section of the warranty that is relevant, or to call the manufacturing business for verification applying the contact references included within your owner's binder. You should not be obliged pay for repairs associated to lemon law complaints. It's also crucial to advise the manufacturing business of a complaint promptly. If you are suspicious that your automobile has a problem that cannot be remedied, look into your lemon law rights to see when you are able to file 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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