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.

Essentially, the Lemon Laws specify that if you purchase (and in various states, lease) a brand new or used car or other vehicle with a warranty that is faulty, and the original producer can't recondition it despite consecutive tries (in a fixed time that varies from state to state), or if the item is not usable for a limited period (generally 30 days) because of its flaws, you are entitled to a wide number of maltreats, including:

1. Monetary damage settlements
2. A repayment of your purchase price
3. A brand new automobile
Also, virtually all of the Lemon Laws (and the Federal Warranty Law) contain a fee shifting element which provides that if you win your lawsuit, the original equipment manufacturer or dealership which sold you the lemon is obliged to repay court fees.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Although the verbiage of each state's statute are distinct, the common state Lemon Law statute offers cure for consumers with a defective automobile covered by a warranty if:

1. The dealer or original equipment manufacturer can't actually correct a particular problem in the motor vehicle after a sensible number of repair attempts (ordinarily at least 3);
2. The motor vehicle can't be used for at least 30 days due to problems in the car; or
3. The car dealership or original equipment manufacturer cannot remedy a defect that is a significant safety risk.

Most of the time, a faulty vehicle is a motor vehicle with a defect or condition that often degrades its use, economic value, or safety to the consumer and does not comply with the warranty. Often times, the time period in which the Lemon Laws apply are relatively short; the faults and ensuing repair efforts (or out-of-service time period) typically must occur during the first 2-years or 24,000 miles of consumer ownership of the car. However, a number of states have even shorter time periods. Additionally, almost all states have notice and initiation requirements, such as expecting the consumer to give registered post notice to the manufacturing business of the flaws and affording the car dealership a chance to repair the automobile. Moreover, many states necessitate that Lemon Law cases be solved through an arbitration program.

Generally, state Lemon Law regulations also apply to leased automobiles and preowned cars bought whilst under the manufacturing business* original warranty. A lot of state Lemon Laws also are applicable to cars other than passenger automobiles. depending on the consumer's home state, or the state where the consumer purchased the car, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer items (such as electronics)
There are many robust remedies possible under the Lemon Laws. U.S. statesten times, if the original maker just can not fix the car, the consumer may either demand the original maker to replace the vehicle, or make the original maker to take back the vehicle and payback the price paid along with accompanying damages, including all bills, towing costs, repair charges, alternative transportation costs and other damages incurred by the consumer as a consequence of the defects in the vehicle. Another important relief available under most Lemon Laws is laywers' expenses. In virtually all states, if you prevail in a Lemon Law lawsuit, you won't have to pay any laywers' charges-the auto manufacturer that sold you your lemon is expected to pay for your attorney's fees.

The defendant automobile original producer can implement several defenses to a Lemon Law claim. The common regulation extends that the original maker is not liable if it can establish that the flaws in question persisted due to harm, carelessness, or the tampering or modification of a vehicle by anyone other than the maker, an agent, or an authorized repair facility. In different words, if the consumer maltreats his or her own vehicle, or the faults were a consequence of modifications or adjustments executed by an unauthorized dealer, the maker could not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer product warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires manufacturing business and sellers of consumer commodities to provide customers itemized data about warranty coverage claims. Additionally, it affects both the rights of public consumers and the obligations of warrantors under written warranties.

Although the Magnuson Moss Act doesn't require an motor vehicle original equipment manufacturer to furnish purchasers with a warranty, if a warranty is supplied, the Magnuson Moss Act provides a number of protections for the consumer. The Magnuson Moss Act makes it more easy for buyers to sue for not honoring the warranty by making breach of warranty a violation of federal law, and by allowing for public consumers to recoup court charges and reasonable attorneys' charges.

The Magnuson Moss Act is frequently effective in a lemon suit in which, for some reason, a state Lemon Law claim is unavailable or furthermore unfavorable. For example, divaricate from the generally short period provided to purchasers within virtually all Lemon Laws, you can register a claim for breach of warranty after the warranty period has passed if the troubles occured during the warranty period. Also, although many Lemon Laws limit their coverage benefits to a small number of motor vehicles, the Magnuson Moss Act is relevant to nearly all consumer items. The Magnuson Moss Act might also be applicable if you bought or leased a expended vehicle without a manufacturing business warranty, or if the vehicle 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 foundational foundation of law governing warranties on consumer goods, including vehicles and other items. The UCC offers a legal route for consumers with lemon troubles.

UCC code provides that the buyer of a good is entitled to return merchandise that fail in any way to the contract. Essentially, if your recently purchased car does not work as bound by the manufacturer (your written warranty is a portion of your consumer agreement), you may have a claim citing the UCC in addition to whatever additional claims you might have.

The time for bringing back a automobile with the UCC is not unlimited. If you reveal a flaw in your automobile inside a reasonable inspection period, you can refuse the automobile. Unfortunately, brand new motor vehicles can be typically mechanically complicated and you may not acknowledge if your motor vehicle conforms to the warranty until after you buy the motor vehicle and problems start to develop. Thus, if Following this inspection period you do not return the motor vehicle, you will be pronounced to have accepted it and may have no claim through the UCC.

The length of the review period is not specified in the regulation. The Courts determine how long the reasonable inspection period is based on the purchaser's expertise and past experience, the purchaser's trouble in noticing the deficiency, and the purchaser's opportunity to discover the problem.

In spite of this limitation, the UCC stipulates that in certain examples where a buyer is alleged to have approved of goods (i.e. the reasonable inspection time has passed), a buyer can still rescind his acceptance of those products where the non-conformity largely cripples the value of the products to him. Those cases include examples in which it proves challenging to come upon the nonconformity or the buyer was assured that the non-conformity would be repaired. In different words, the local court will excuse the buyer from not having rejected the products where the buyer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a auto excessively gives out and you have to keep bringing it back to the dealership for repair under the written warranty, the auto lemon law might be your next course. The fault should be significant where it impedes your driving the product or your safety. A product stalling for no reason would be a significant fault. This is exactly the type of problem that could impair your driving and your safety. Under the automobile lemon law you are not obligated to prove why the automobile is stalling, you only have to prove that it is stalling. Essentially you need to check out the lemon law in these three situations: the automobile keeps breaking within the warranty time period, the automobile is a safety hazard, the car dealership is incapable to rebuild the automobile when it is guaranteed.

If you have a product which is a lemon you can immediately write to the manufacturer and ask for a replacement product. If this demand is not acceptable to the manufacturer, you could start into an arbitration arrangement. A few manufacturers have their own arbitration program. Other manufacturers employ external arbitration program such as Autoline by the Better Business Bureau. The assessment 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 ordinances stipulate that the consumer needs to be restored back to the fiscal status they were in prior to purchasing the vehicle, less the amount of money that the consumer gained from by using the vehicle. To get the payback amount many factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new used motor vehicles might qualify under regular lemon laws. For example, a pre-owned automobile might fall under regular lemon laws if it is less than a year old and has fewer than 12,000 miles on the odometer. States that do have a pre-owned car lemon law will be extra accommodative with the age and amount of mileage. Still, the car has to be sold by a dealer that supplies a written warranty. Private party sales are not involved, nor are motor vehicles sold under a certain price paid. There might be additional restrictions to a used car lemon law such as the purposes for which the vehicle is utilized or the classification of vehicle. Vintage automobiles, are ordinarily excluded from pre-owned car lemon laws. Used car lemon laws normally cover a much shorter time period than new car regulations. They oftentimes range from 30 to 90 days, based on your used car's mileage.
When picking out a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the regulations that cover to your state. Also enquire about the pricing system. Many lemon law lawyers take a relatively small retainer to cover a lemon law claim, and thereafter, the lawyer's fees are charged to the maker. Therefore, lemon law claims are normally very affordable to consumers. The reimbursement of lawyer bills varies from state to state. About half of the states let you to recover your Lawyer bills if you win. The lawyer's fee is based upon actual time spent instead of being connected to any other share of the recuperation. In a select few States, you must pay the manufacturer's lawyer's invoices if you lose.

Consumers ought to place their concerns in writing and save a copy. In every written communication, always explain how problematic it is to take the auto to the dealer for repairs and that the reliableness that the purchaser thought He was receiving has been non-existent. Any written communication with a dealership or maker ought to be sent using certified mail service. In most claims the manufacturers claim that they have not had the requisite number of attempts to fix the problem. They count on the knowledge that the purchaser does not have repair orders for each instance they have taken the automobile into the repair facility. They also assume on the possibility that the repair orders have different items fixed every period proving that they have not fixed the same problem. Consumers ought to reply by expecting that dealers always present them a warranty repair sheet. Consumers must also reason that these unwritten visits are attempts.

Make sure to be mindful of your lemon law rights. Upon purchase, immediately page through your owner's manual and warranty references thoroughly, as well as the information concerning lemon law rights which you ought to get when you choose your motor vehicle. Don't rely on your dealer to identify which 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 civil but assertive. Don't be afraid to go over the segment of the warranty that applies, or to call the original maker for verification using the contact info included inside your owner's manual. You shouldn't have to pay for work linked to lemon law complaints. It's also essential to give notice the original maker of a complaint right away. If you think that your motor vehicle has a problem which cannot be fixed, go over 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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