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 state that if you acquire (and in several states, lease) a brand new or pre-owned car or other vehicle with a manufacturer's warranty that struggles to consistently run after repair attempts, and the original equipment manufacturer cannot fix it in spite of repeated efforts (within a fixed time limit that fluctuates from state to state), or if the car is not drivable for a defined period of time (typically 30 days) due to its shortcomings, you are entitled to a broad range of damage settlements, inclusive of:

1. Monetary damages
2. A payback of the purchase cost
3. A brand new automobile
In addition, virtually all the Lemon Laws (as well as the Federal Warranty Law) have a fee changing element which says that if you win your case, the original maker or dealer which sold you the lemon is obligated to repay laywers' expenses.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Even though the wording of each state's statute vary, the average state Lemon Law statute provides help to a consumer with a unsound motor vehicle purchased with a warranty if:

1. The dealer or original maker cannot completely remedy a particular defect in the product after a sensible number of repair attempts (generally 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 dealer or original maker cannot fix a deficiency that is a crucial safety hazard.

Usually, a faulty car is a car with a problem or affliction that considerably degrades its drivability, marketability, or safety to the consumer and does not conform to the written warranty. Frequently, the period of time during which the Lemon Laws apply are relatively short; the flaws and subsequent repair efforts (or out-of-service period of time) often will happen during the first 2-years or 24,000 miles of consumer ownership of the automobile. However, a number of states have even shorter time periods. Also, most states have notification and trigger requirements, such as expecting the consumer to send out registered mail notice to the original equipment manufacturer of the problems and giving the car dealership a chance to correct the car. Furthermore, most states expect that Lemon Law suits be adjudicated through an arbitration process.

Generally, state Lemon Law statues also apply to leased automobiles and preowned cars bought whilst under the manufacturer's written warranty. A lot of state Lemon Laws also are applicable to automobiles other than passenger automobiles. depending upon the consumer's state of residence, or the state in which the consumer bought the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer commodities (like electronics)
There are many effective solutions available under the Lemon Laws. Often times, if the manufacturer cannot fix the automobile, the consumer can either demand the manufacturer to replace the automobile, or obligate the manufacturer to reposess the automobile and refund the original cost together with accompanying damages, including all expenses, towing costs, repair charges, associated transportation costs and other damages incurred by the consumer as a result of the defects in the automobile. Another important solution possible under most Lemon Laws is laywers' expenses. In many states, if you prevail in a Lemon Law suit, you will not have to pay any legal bills-the auto maker that sold you your lemon is expected to pay court charges.

The defendant automobile original equipment manufacturer can utilize many defenses to a Lemon Law claim. The conventional regulation extends that the maker is not responsible if it can show clearly that the troubles at issue came about because of exploitation, forget about, or the modification or alteration of a auto by anybody other than the maker, an agent, or an authorized dealer. In other words, if the consumer abuses his or her own vehicle, or the shortcomings were the fault of changing or adjustments conducted by a third party, the maker may not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer merchandise warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturers and dealers of consumer commodities to provide consumers comprehensive information about warranty coverage benefits. Also, it shapes both the rights of customers and the obligations of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act doesn't call for an auto manufacturing business to supply buyers with a warranty, if a warranty is provided, the Magnuson Moss Act offers numerous protections for the consumer. The Magnuson Moss Act makes it more easy for consumers to sue for breach of warranty by making breach of warranty a violation of federal law, and by permitting customers to recover court charges and fair laywers' fees.

The Magnuson Moss Act is frequently valuable in a lemon case where, for some reason, a state Lemon Law claim is unavailable or otherwise unsuited. For instance, divaricate from the rather short time period provided to public consumers within almost all Lemon Laws, you could file a claim for breach of warranty after the warranty period has passed if the troubles occured during the warranty period. In addition, although some Lemon Laws restrict their coverage benefits to a small number of automobiles, the Magnuson Moss Act applies to virtually all consumer items. The Magnuson Moss Act might also be applicable if you purchased or leased a expended car without a manufacturing business warranty, or if the car is covered by a third party service contract or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in all 50 US States. It is the prime basis of law regulating warranties on consumer goods, including motor vehicles and other items. The UCC affords a legal avenue for public consumers with lemon problems.

UCC code states that the consumer of a product is entitled to return goods that fail in any respect to the warranty. So, if your brand new motor vehicle does not operate as bound by the original maker (your original warranty is part of your agreement), you can file a claim referencing the UCC in addition to any additional claims you may have.

The time period for taking back a automobile with the UCC is not unlimited. If you reveal a defect in your automobile within a fair posession period, you can take back the vehicle. Unfortunately, new cars can be typically technically complicated and you might not acknowledge whether your product conforms to the agreement until after you acquire the product and defects begin to come up. Therefore, if Following this posession time you do not refuse the product, you will be alleged to have accepted it and will have no claim through the UCC.

The duration of the review period is not delineated in the statute. Courts determine how long the reasonable review period is based on the consumer's expertise and personal experience, the consumer's trouble in identifying the failing, and the consumer's opportunity to find the fault.

In spite of this limitation, the UCC provides that in certain instances where a purchaser is stated to have approved of products (i.e. the reasonable review period has expired), a purchaser may still renounce his acceptance of those goods where the non-conformity substantially impairs the economic value of the goods to him. Those instances include instances in which it is difficult to come upon the nonconformity or the purchaser was told that the non-conformity would be remedied. In other words, the court will exempt the purchaser from not refusing the goods where the purchaser could not have sensibly 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 automobile lemon law can be your next refuge. The deficiency ought to be substantive in which it hampers your driving the motor vehicle or your safety. A motor vehicle stalling constantly is a substantive deficiency. This is precisely the type of defect that can diminiah your driving and your safety. Under the vehicle lemon law you are not obliged to establish why the auto is stalling, you merely have to show clearly that it is stalling. In essence you need to check up on the lemon law in these three instances: the auto keeps breaking down inside the warranty time period, the auto is a safety hazard, the dealer is unable to correct the auto when it is guaranteed.

If you own a car which is a lemon you can directly write to the original maker and ask for a replacement car. If this demand is not acceptable to the original maker, you could enter into an arbitration arrangement. A few manufacturers incorporate their own arbitration process. Other manufacturers utilise external arbitration program like Autoline by the Better Business Bureau. The assessment of the arbitrators is binding on the original maker but not on the consumer. If unsatisfied with the recommendation, the consumer can take the original maker to court.

Virtually all regulations state that the consumer ought to be returned back to the financial position they were in before they purchased the vehicle, less the sum that the consumer profited from by using the vehicle. To get the payback amount several factors 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 cars will qualify under normal lemon laws. For example, a pre-owned auto might fall under normal lemon laws if it is less than 1 year old and has got less than 12,000 miles on the odometer. States that do have a pre-owned car lemon law may be more cooperative with the age and amount of mileage. Still, the car needs to be sold by a dealership that extends a written warranty. Individual sales aren't regulated, neither are vehicles sold under a stated original price paid. There may be additional restrictions to a used car lemon law such as the purposes for which the vehicle is pre-owned or the classification of vehicle. Classic vehicles, are normally excluded from pre-owned car lemon laws. Used car lemon laws normally cover a much shorter period of time than new car regulations. They usually range from 30 to 90 days, based on your pre-owned automobile's mileage.
When finding an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that apply to your state. Also enquire about the fee system. Many lemon law lawyers require a generally modest retainer to handle a lemon law claim, and subsequently, the attorney's bills are charged to the original equipment manufacturer. Therefore, lemon law claims are ordinarily very inexpensive to consumers. The reimbursement of attorney charges differs from state to state. About half of the states allow you to recover your Lawyer bills if you win. The attorney's fee is based upon actual time expended rather than being linked to any portion of the recovery. In many States, you must pay the manufacturer's attorney's fees if you lose.

Consumers ought to register their concerns in writing and save a copy. In any written communication, always make clear how taxing it is to take the vehicle to the car dealership for work and that the reliableness that the purchaser thought He was receiving has been non-existent. Any written communication with a dealership or original equipment manufacturer should be sent using certified mail. In most suits the manufacturers claim that they have not had the necessary number of efforts to repair the condition. They rely on the knowledge that the purchaser does not have repair sheets for each time they have driven the motor vehicle into the dealership. They also assume on the fact that the repair sheets have seperate things fixed each time proving that they have not repaired the same condition. Consumers ought to reply by demanding that authorized dealerships always send them a warranty repair ticket. Consumers must also contend that these unrecorded trips are attempts.

Make sure to be cognisant of your lemon law rights. Upon purchase, immediately review your owner's book and warranty references entirely, as well as the data pertaining lemon law rights which you ought to obtain when you acquire your motor vehicle. Don't depend on your dealership to explain what defects are covered by warranty. If your dealership states that a condition is not covered and you believe that she is purposely misleading you, be civilized but self-asserting. Don't be afraid to go over the part of the warranty that applies, or to call the manufacturer for substantiation applying the contact information included in your owner's book. You shouldn't have to pay for work linked to lemon law complaints. It's also important to notify the manufacturer of a complaint straightaway. If you think that your motor vehicle has a condition that cannot be remedied, check out 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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