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.

In essence, the Lemon Laws stipulate that if you purchase (and in most states, lease) a new or pre-owned car or other vehicle with a manufacturer's warranty that is found to be damaged after repeated repair attempts, and the manufacturing business can't restore it even with repeated attempts (inside a limited time that fluctuates from state to state), or if the automobile is not drivable for a defined time period (typically 30 days) because of its faults, you are entitled to a wide range of damage settlements, including:

1. Money damages
2. A restitution of the cost
3. A new vehicle
Also, virtually all the Lemon Laws (as well as the Federal Warranty Law) incorporate a fee transferring mechanism that stipulates that if you win your lawsuit, the manufacturer or dealer that sold you the lemon is expected to pay litigation expenses.


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 typical state Lemon Law statute affords compensation for buyers with a malfunctioning automobile purchased with a warranty if:

1. The dealer or original maker can't reliably remedy a particular problem in the vehicle after a sensible number of repair efforts (ordinarily at least three);
2. The car can't be used for at least 30 days due to faults in the vehicle; or
3. The car dealership or original maker just can not remedy a flaw that is a dangerous safety risk.

Most of the time, a bad vehicle is a vehicle with a problem or condition that frequently cripples its usability, marketability, or safety to the consumer and does not maintain the standard of the written warranty. Typically, the period during which the Lemon Laws are applicable are rather short; the faults and ensuing repair attempts (or out-of-service time) typically will occur during the first two-years or 24,000 miles of consumer ownership of the vehicle. However, a number of states have even shorter time periods. In addition, most states have notification and trigger requirements, such as asking the consumer to send registered mail notice to the manufacturing business of the problems and giving the car dealership an opportunity to remedy the motor vehicle. Moreover, several states necessitate that Lemon Law lawsuits be adjudicated through an arbitration program.

Generally, state Lemon Law ordinances also apply to leased automobiles and preowned cars purchased while under the producers written warranty. A number of state Lemon Laws also apply to automobiles other than passenger automobiles. depending upon the purchaser's state of residence, or the state where the consumer bought the car, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer items (like computers)
There are a number of significant resolutions available under the Lemon Laws. US Statesently, if the manufacturing business cannot correct the vehicle, the consumer can either require the manufacturing business to replace the vehicle, or make the manufacturing business to reposess the vehicle and payback the original price paid including incidental damages, like all fees, towing fees, repair costs, related travel charges and other costs incurred by the consumer as a result of the shortcomings in the vehicle. Another important solution possible under most Lemon Laws is laywers' fees. In almost all states, if you win in a Lemon Law case, you do not have to pay any litigation fees-the automobile manufacturer that sold you your lemon is obligated to pay all of your legal charges.

The defendant auto original maker can assert assorted defenses to a Lemon Law claim. The typical regulation provides that the original maker is not guilty if it can affirm that the flaws in dispute were caused by abuse, forget about, or the modification or alteration of a car by anybody other than the original producer, its agent, or its authorized dealer. Put differently, if the consumer abuses his or her own automobile, or the flaws were a consequence of tampering or alterations conducted by an unauthorized person, the original producer could not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer merchandise warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturing business and dealers of consumer goods to provide consumers with itemized facts about warranty coverage benefits. Additionally, it shapes both the rights of customers and the responsibilities of warrantors under original warranties.

Even though the Magnuson Moss Act does not demand an vehicle original producer to supply consumers with a warranty, if a warranty is offered, the Magnuson Moss Act offers many protections for the consumer. The Magnuson Moss Act makes it easier for purchasers to sue for violating the warranty by making breach of warranty a violation of federal law, and by allowing consumers to recuperate legal costs and sensible laywers' expenses.

The Magnuson Moss Act is frequently beneficial in a lemon situation in which, for some reason, a state Lemon Law claim is unavailable or furthermore unfit. For example, unlike the generally short time period provided to consumers inside almost all Lemon Laws, you can bring a claim for breach of warranty after the warranty period has expired as long as the problems happened during the warranty time period. Additionally, although many Lemon Laws limit their coverage to a small number of vehicles, the Magnuson Moss Act is relevant to just about all consumer items. The Magnuson Moss Act might also apply if you bought or leased a expended car without a manufacturing business warranty, or if the car is covered by a third party agreement or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in all states. It is the primary agent of law regulating product contracts, including cars and other items. The UCC offers a legal route for customers with lemon troubles.

UCC code says that the buyer of a good is entitled to return product which do not perform in any regard to the consumer agreement. Therefore, if your new item does not function as pledged by the maker (your manufacturer warranty is part of your consumer warranty), you may file a claim citing the UCC in addition to any additional claims you may have.

The time period for returning a vehicle with the UCC is not unlimited. If you discover a deficiency in your vehicle inside a fair posession time period, you may refuse the car. Unfortunately, new cars are frequently mechanically complex and you may not understand if your motor vehicle conforms to the warranty till long after you buy the motor vehicle and defects begin to arise. Essentially, if Following this posession time you don't take back the motor vehicle, you will be deemed to have o.K.ed it and might have no claim through the UCC.

The duration of the inspection time period is not defined in the statute. State courts decide how long the fair review period is based on the purchaser's knowledge and past experience, the purchaser's difficulty in seeing the deficiency, and the purchaser's chance to detect the problem.

In spite of this restriction, the UCC stipulates that in certain cases where a consumer is said to have accepted products (i.e. the fair review period has passed), a consumer may still recant his favorable reception of those goods where the non-conformity often impairs the value of the goods to him. Those instances include circumstances in which it is laborious to reveal the nonconformity or the consumer was told that the non-conformity would be remedied. In other words, the court will pardon the consumer from not refusing the goods where the consumer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a car excessively fails and you have to keep taking it back to the dealership for repair under the warranty, the auto lemon law might be your next course of action. The gremlin ought to be substantive where it intereferes with your driving the automobile or your safety. A automobile stalling perpetually would be a substantive gremlin. This is precisely the type of defect that could stymie your driving and your safety. Under the vehicle lemon law you are not expected to indicate why the vehicle is stalling, you just have to show clearly that it is stalling. Essentially you need to go over the lemon law in these 3 situations: the vehicle keeps dying within the warranty period, the vehicle is a safety risk, the dealership is incapable to fix the vehicle when it is guaranteed.

If you have a product which is a lemon you can immediately write to the original producer and ask for a replacement product. If this demand is not acceptable to the original producer, you can enter into an arbitration process. A few manufacturers incorporate their own arbitration program. Other manufacturers employ external arbitration program including Autoline by the BBB. The judgment of the arbitrators is binding on the original producer but not on the purchaser. If unsatisfied with the proposition, the purchaser can take the original producer to court.

Virtually all regulations state that the owner must be returned back to the fiscal status they were in before they purchased the motor vehicle, less the amount that the owner profited from by using the motor vehicle. To get the restitution total 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 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 got fewer than 12,000 miles on the odometer. States which do have a pre-owned car lemon law may be extra accommodative with the age and measure of mileage. Still, the car has to be sold by a dealer that offers a written warranty. Private sales aren't governed, neither are automobiles sold under a certain purchase price. There may be additional restrictions to a used car lemon law such as the purposes in which the motor vehicle is used or the categorization of motor vehicle. Classic vehicles, are normally excluded from used car lemon laws. Used car lemon laws ordinarily cover a much shorter time period than brand new car regulations. They often range from 30 to 90 days, depending on your used automobile's mileage.
When selecting an attorney for your lemon case, make sure that your lawyer is knowledgeable about the laws that are applicable to your state. Also enquire about the pricing program. Many lemon law attorneys take a relatively minor retainer to address a lemon law claim, and subsequently, the attorney's bills are billed to the manufacturer. Therefore, lemon law claims are typically very affordable to purchasers. The reimbursement of lawyer expenses varies from state to state. About half of the states allow for you to recoup your Attorney expenses if you win. The attorney's fee is based upon actual time spent rather than being bound to any other share of the recuperation. In a select few States, you have to pay the manufacturer's attorney's charges if you lose.

Consumers should put their charges in writing and save a copy. In every written communication, always outline how taxing it is to return the car to the car dealership for repairs and that the reliableness that the purchaser thought He was getting has been non-existent. Any written communication with a dealership or manufacturer should be sent using certified postal service. In most claims the manufacturers claim that they haven't had the required number of endeavors to repair the problem. They depend on the reality that the purchaser does not retain repair receipts for each occurance they have brought the auto into the dealership. They also assume on the fact that the repair receipts have different items repaired every time evidencing that they haven't repaired the same problem. Consumers should respond by asking that dealerships always hand them a warranty repair order. Consumers ought to also argue that these unwritten visits are tries.

Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately page through your owner's book and warranty references entirely, and the data pertaining lemon law rights that you ought to obtain when you buy your automobile. Don't rely on your dealer to outline which troubles are covered by warranty. If your dealer states that a problem is not covered and you believe that he or she is purposely misleading you, be calm but assertive. Don't be scared to point out the section of the warranty that is relevant, or to call the original maker for substantiation applying the contact info included within your owner's book. You should not be obliged pay for work related to to lemon law complaints. It's also crucial to notify the original maker of a complaint promptly. If you think that your vehicle has a problem which just can not be fixed, check out your lemon law rights to see when you are able to submit 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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