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.

Basically, the Lemon Laws stipulate that if you purchase (and in most states, lease) a new or pre-owned car or other car with a warranty that struggles to consistently run after repair attempts, and the manufacturing business just can't recondition it in spite of consecutive tries (in a set time that fluctuates from state to state), or if the item is not drivable for a fixed period of time (typically 30 days) because of its flaws, you are eligible to a wide range of costs, inclusive of:

1. Money damages
2. A refund of the original price
3. A brand new vehicle
In addition, almost all the Lemon Laws (and the Federal Warranty Law) contain a fee shifting component which stipulates that if you win your suit, the original equipment manufacturer or dealership that sold you your lemon is expected to repay litigation invoices.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Although the verbiage of each state's statute differ, the conventional state Lemon Law statute offers remedy for consumers with a faulty vehicle purchased with a warranty if:

1. The dealership or original equipment manufacturer can't accurately remedy a particular failing in the motor vehicle after a fair number of repair tries (ordinarily at least three);
2. The vehicle can't be driven for at least 30 days due to defects in the car; or
3. The dealership or original equipment manufacturer just can't remedy a defect that is a considerable safety hazard.

By and large, a bad car is a automobile with a problem or affliction that often cripples its drivability, economic value, or safety to the consumer and does not comply with the written warranty. Frequently, the time period in which the Lemon Laws apply are relatively short; the defects and subsequent repair efforts (or out-of-service period) generally will take place during the first two-years or 24,000 miles that you own the automobile. However, a number of states have even shorter periods. Additionally, almost all states have notification and initiation requirements, such as expecting the consumer to send registered post notice to the manufacturing business of the troubles and affording the car dealership an opportunity to remedy the motor vehicle. Moreover, several states require that Lemon Law lawsuits be adjudicated through an arbitration system.

Generally, state Lemon Law regulations also are applicable to leased vehicles and preowned vehicles purchased whilst under the manufacturer's factory warranty. A good number of state Lemon Laws also are applicable to cars other than passenger automobiles. based upon the buyer's home residence, or the state in which the consumer bought the car, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer products (such as televisions)
There are a number of significant solutions available under the Lemon Laws. Frequently, if the manufacturing business can't repair the vehicle, the consumer can either demand the manufacturing business to replace the vehicle, or force the manufacturing business to take the vehicle and repay the original price paid including incidental costs, including all charges, towing charges, repair charges, alternative travel costs and other costs incurred by the consumer as a consequence of the defects in the vehicle. Another important remedy available under most Lemon Laws is litigation fees. In virtually all states, if you prevail in a Lemon Law case, you do not have to pay any attorneys' charges-the motor vehicle manufacturer that sold you your lemon is forced to pay all of your litigation invoices.

The defendant car manufacturer can utilize assorted defenses to a Lemon Law claim. The conventional statute extends that the maker is not liable if it can affirm that the problems in question persisted due to misdeed, neglect, or the modification or tampering of a automobile by a party other than the original producer, an agent, or an authorized dealership. Restated, if the consumer maltreats his or her own motor vehicle, or the flaws were the fault of modifications or adjustments performed by an unauthorized party, the original producer may 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 commodities to provide consumers detailed facts about warranty coverage. In addition, it sets both the rights of consumers and the responsibilities of warrantors under manufacturer warranties.

Although the Magnuson Moss Act doesn't demand an auto original maker to supply purchasers with a warranty, if a warranty is furnished, the Magnuson Moss Act extends numerous protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for breach of warranty by making breach of warranty an infraction of federal law, and by allowing customers to recoup litigation charges and sensible attorney's fees.

The Magnuson Moss Act is oftentimes applicable in a lemon lawsuit where, for some reason, a state Lemon Law claim is not possible or furthermore unfit. For instance, unlike the relatively short period of time offered to consumers with many Lemon Laws, you may record a claim for breach of warranty after the warranty period has expired as long as the defects happened during the warranty time period. Furthermore, although many Lemon Laws restrict their coverage to a small list of cars, the Magnuson Moss Act applies to nearly all consumer products. The Magnuson Moss Act could also apply if you bought or leased a preowned automobile without a manufacturing business warranty, or if the automobile is covered by a third party service contract or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all 50 U.S. states. It is the foundational basis of law regulating consumer warranties, including motor vehicles and other items. The UCC affords another legal avenue for customers with lemon troubles.

UCC code stipulates that the consumer of a product is entitled to return products that break in any regard to the warranty. Therefore, if your recently purchased vehicle doesn't operate as established by the original equipment manufacturer (your original warranty is a portion of your warranty), you can have a claim citing the UCC in addition to any additional claims you might have.

The period of time for taking back a automobile with the UCC is not unlimited. If you observe a gremlin in your vehicle inside a reasonable inspection time period, you may refuse the motor vehicle. Unfortunately, new automobiles are frequently mechanically complex and you might not understand if your item conforms to the warranty till after you acquire the item and defects begin to come up. Therefore, if Long after this inspection time you don't refuse the item, you will be stated to have o.K.ed it and might have no claim through the UCC.

The length of the inspection period is not defined in the regulation. Local courts decide how long the fair inspection period is based on the consumer's familiarity and experience, the consumer's difficulty in revealing the fault, and the consumer's chance to see the problem.

In spite of this limit, the UCC stipulates that in certain examples where a consumer is said to have accepted products (i.e. the fair inspection time has expired), a consumer can still recant his acceptance of those product where the non-conformity largely degrades the marketability of the product to him. Those cases include circumstances in which it is challenging to reveal the nonconformity or the consumer was guaranteed that the non-conformity would be repaired. In different words, the local court will excuse the consumer from not refusing the product where the consumer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a motor vehicle excessively breaks and you have to keep bringing it back to the dealership for repair under the warranty, the motor vehicle lemon law may be your next refuge. The flaw must be substantial where it prohibits your driving the vehicle or your safety. A vehicle stalling constantly is a substantial flaw. This is precisely the type of problem that can stymie your driving and your safety. Under the auto lemon law you are not obligated to show why the motor vehicle is stalling, you simply have to demonstrate that it is stalling. Basically you need to check into the lemon law in these three cases: the motor vehicle keeps breaking inside the warranty period, the motor vehicle is a safety hazard, the dealer is incapable to recondition the motor vehicle when it is warranted.

If you have a product which is a lemon you can immediately write to the original maker and ask for a replacement product. If this demand is not satisfactory to the original maker, you can move into an arbitration program. A few manufacturers have their own arbitration program. Other manufacturers use external arbitration program like Autoline by the BBB. The assessment of the arbitrators is binding on the original maker but not on the consumer. If unsatisfied with the opinion, the consumer can take the original maker to court.

Virtually all ordinances provide that the purchaser should be returned back to the fiscal position they were in before they purchased the vehicle, less the amount that the purchaser benefited from by using the vehicle. To get the payback sum various elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new pre-owned vehicles might qualify under normal lemon laws. For example, a pre-owned motor vehicle might fall under regular lemon laws if it is less than one year old and has got fewer than 12,000 miles on the odometer. States that do have a used car lemon law will be more accommodative with the age and amount of mileage. Still, the car needs to be sold by a car dealership that supplies a warranty. Private sales aren't governed, neither are cars sold under a specific original price paid. There could be additional restrictions to a used car lemon law such as the proposes in which the vehicle is used or the classification of vehicle. Older cars, are usually excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter period than new car regulations. They often range from 30 to 90 days, based 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 fee program. Many lemon law attorneys need a relatively humble retainer to manage a lemon law claim, and thereafter, the attorney's fees are billed to the manufacturing business. In essence, lemon law claims are normally very affordable to public consumers. The reimbursement of attorney fees varies from state to state. About half of the states permit you to recoup your Attorney charges if you win. The attorney's fee is based upon actual time spent rather than being attached to any portion of the recuperation. In some States, you will pay the manufacturer's attorney's charges if you lose.

Consumers ought to register their charges in writing and save a copy. In every written communication, always describe how burdensome it is to bring the motor vehicle to the car dealership for work and that the reliability that the owner believed He was receiving has been non-existent. Any written communication with a dealer or manufacturing business should be sent using certified mail service. In many cases the manufacturers claim that they haven't had the required number of endeavors to remedy the problem. They depend on the reality that the owner does not keep repair tickets for each time they have driven the vehicle into the shop. They also depend on the fact that the repair tickets have different things repaired every occurance demonstrating that they haven't repaired the same defect. Consumers should respond by demanding that authorized dealerships always give them a warranty repair ticket. Consumers ought to also contend that these unrecorded trips are attempts.

Make sure to be aware of your lemon law rights. Upon purchase, immediately page through your owner's booklet and warranty info completely, and the facts concerning lemon law rights that you should receive when you buy your car. Don't count on your car dealership to describe what problems are covered by warranty. If your car dealership states that a defect isn't covered and you believe that he or she is decieving you, be polite but self-asserting. Don't be frighted to go over the section of the warranty that applies, or to call the manufacturing business for substantiation utilizing the contact info included inside your owner's booklet. You shouldn't have to pay for repairs related to to lemon law complaints. It's also crucial to notify the manufacturing business of a complaint straightaway. If you are suspicious that your automobile has a defect that just can not be remedied, 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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