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 many states, lease) a brand new or used car or other vehicle with a manufacturer's warranty that is faulty, and the original producer just can't repair it despite persistent tries (in a designated time limit that fluctuates from state to state), or if the motor vehicle is not usable for a set period (often 30 days) because of its shortcomings, you are eligible to a broad number of maltreats, inclusive of:

1. Money restitution
2. A payback of the cost
3. A brand new automobile
Moreover, just about all the Lemon Laws (and the Federal Warranty Law) feature a fee shifting element that says that if you win your case, the original maker or dealership that sold you the lemon is obliged to pay your litigation bills.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Even though the protections of each state's statute are different, the average state Lemon Law statute extends assistance to a consumer with a unsound motor vehicle covered by a warranty if:

1. The dealership or original maker can't completely remedy a particular failing in the car after a reasonable number of repair attempts (typically at least three);
2. The car can't be driven for at least 30 days due to defects in the vehicle; or
3. The dealer or original maker cannot remedy a failing that is a considerable safety risk.

More often than not, a faulty automobile is a automobile with a problem or trouble that considerably impares its use, value, or safety to the consumer and does not conform to the written warranty. Typically, the period of time in which the Lemon Laws apply are relatively short; the problems and resulting repair efforts (or out-of-service time period) occasionally must take place during the first two-years or 24,000 miles of consumer ownership of the vehicle. However, a number of states have even shorter periods. Also, almost all states have notification and trigger requirements, such as expecting the consumer to send out registered post notice to the original maker of the faults and affording the dealership a chance to remedy the vehicle. Additionally, many states demand that Lemon Law cases be solved through an arbitration proceeding.

Generally, state Lemon Law regulations also apply to leased automobiles and preowned vehicles purchased while under the producers basic warranty. A good number of state Lemon Laws also are applicable to automobiles other than passenger vehicles. based upon the consumer's state of residence, or the state in which the consumer purchased the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer products (like computers)
There are a number of robust solutions available under the Lemon Laws. States most instances, if the manufacturing business cannot correct the vehicle, the consumer may either demand the manufacturing business to replace the motor vehicle, or insist the manufacturing business to reposess the motor vehicle and repay the price paid along with incidental costs, such as all fees, towing fees, repair charges, alternative transportation costs and other costs incurred by the consumer as a result of the defects in the motor vehicle. Another important solution available under most Lemon Laws is litigation expenses. In many states, if you win in a Lemon Law suit, you won't have to pay any attorneys' expenses-the automobile original maker that sold you your lemon is required to pay your attorney's charges.

The defendant motor vehicle original equipment manufacturer can utilize several defenses to a Lemon Law claim. The typical regulation provides that the original producer is not guilty if it can prove that the problems in question persisted due to abuse, negligence, or the alteration or modification of a car by anybody other than the manufacturing business, its agent, or an authorized repair facility. In other words, if the consumer abuses his or her own car, or the defects were a consequence of changing or alterations conducted by an unauthorized dealer, the manufacturing business may not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturing business and dealers of consumer products to provide consumers itemized info about warranty coverage claims. Also, it infects both the rights of customers and the responsibilities of warrantors under manufacturer warranties.

Although the Magnuson Moss Act does not require an auto original maker to supply purchasers with a warranty, if a warranty is furnished, the Magnuson Moss Act provides several protections for the consumer. The Magnuson Moss Act makes it more easy for consumers to sue for not honoring the warranty by making breach of warranty a violation of federal law, and by allowing purchasers to recoup court costs and fair laywers' expenses.

The Magnuson Moss Act is frequently applicable in a lemon lawsuit where, for some reason, a state Lemon Law claim is not applicable or otherwise unsuited. For example, contrary to the relatively short time offered to public consumers with virtually all Lemon Laws, you could bring a claim for breach of warranty after the warranty period has passed as long as the defects happened during the warranty time period. In addition, although a few Lemon Laws limit their coverage to a small number of motor vehicles, the Magnuson Moss Act is relevant to almost all consumer products. The Magnuson Moss Act could also apply if you bought or leased a used motor vehicle without a manufacturer's warranty, or if the motor vehicle is covered by a third party contract or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in every U.S. state. It is the principal authority of law governing contracts dealing with the sale of products, including cars and other items. The UCC affords a legal channel for public consumers with lemon problems.

UCC code provides that the purchaser of a good is entitled to return goods which fail in any sense to the consumer warranty. Therefore, if your new motor vehicle doesn't work as pledged by the manufacturing business (your manufacturer warranty is part of your agreement), you can file a claim citing the UCC in addition to whatever additional claims you may have.

The period of time for bringing back a motor vehicle with the UCC is not limitless. If you see a problem in your vehicle inside a fair ownership period, you may refuse the motor vehicle. Unfortunately, new automobiles can be oftentimes mechanically complex and you might not know if your automobile conforms to the agreement till after you purchase the automobile and defects begin to arise. Essentially, if Following this ownership time period you don't return the automobile, you will be said to have o.K.ed it and will have no claim through the UCC.

The duration of the inspection period is not delineated in the regulation. Local courts decide how long the fair review period is based on the purchaser's proficiency and personal experience, the purchaser's difficulty in coming upon the flaw, and the purchaser's chance to notice the problem.

In spite of this limit, the UCC says that in certain instances where a purchaser is said to have approved of products (i.e. the fair review time has passed), a purchaser can still revoke his favorable reception of those products where the non-conformity considerably degrades the value of the products to him. Those instances include suits in which it was difficult to detect the nonconformity or the purchaser was told that the non-conformity would be fixed. In different words, the local court will exempt the purchaser from not rejecting the products where the purchaser could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a car excessively breaks down and you have to keep taking it back to the car dealership for repair under the warranty, the car lemon law can be your next course. The gremlin should be substantial where it hinders your driving the item or your safety. A item stalling constantly would be a substantial gremlin. This is precisely the type of problem that could diminiah your driving and your safety. Under the motor vehicle lemon law you are not required to demonstrate why the automobile is stalling, you simply have to establish that it is stalling. Thus you need to check into the lemon law in these three instances: the automobile keeps breaking inside the warranty time period, the automobile is a safety hazard, the dealer is unable to fix the automobile when it is guaranteed.

If you have a product which is a lemon you can immediately write to the manufacturing business and ask for another equivalent product. If this requirement is not acceptable to the manufacturing business, you could enter into an arbitration program. A few manufacturers have their own arbitration process. Other manufacturers employ outside arbitration program including Autoline by the BBB. The recommendation of the arbitrators is binding on the manufacturing business but not on the purchaser. If unsatisfied with the assessment, the purchaser can take the manufacturing business to court.

Virtually all regulations provide that the consumer needs to be restored back to the fiscal situation they were in prior to purchasing the motor vehicle, less the amount of money that the consumer gained from by using the motor vehicle. To get the restitution amount a number of factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new used vehicles will qualify under regular lemon laws. For example, a pre-owned automobile 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 used car lemon law might be extra cooperative with the age and measure of mileage. Still, the car needs to be sold by a dealer that extends a warranty. Private sales aren't regulated, nor are vehicles sold under a certain original cost. There may be other restrictions to a used car lemon law such as the proposes in which the motor vehicle is driven or the categorization of motor vehicle. Classic motor vehicles, are commonly excluded from pre-owned car lemon laws. Used car lemon laws usually cover a much shorter period of time than brand new car laws. They frequently range from 30 to 90 days, depending on your used car's mileage.
When selecting an attorney for your lemon case, make sure that your lawyer is knowledgeable about the laws that apply to your state. Also enquire about the fee program. Many lemon law attorneys call for a relatively minor retainer to handle a lemon law claim, and thereafter, the lawyer's invoices are charged to the original producer. Basically, lemon law claims are usually very affordable to purchasers. The reimbursement of attorney charges varies from state to state. About half of the states provide for you to recover your Lawyer bills if you win. The lawyer's fee is based upon actual time spent instead of being bound to any percentage of the recovery. In many States, you must pay the manufacturer's attorney's bills if you lose.

Consumers should put their charges in writing and retain a copy. In any written communication, always outline how problematic it is to take the automobile to the car dealership for repairs and that the reliableness that the owner thought He or she was getting has been non-existent. Any written communication with a dealer or original producer must be sent using certified post. In almost all instances the manufacturers claim that they haven't had the essential number of efforts to repair the problem. They count on the fact that the owner doesn't retain repair receipts for each instance they have taken the motor vehicle into the dealership. They also assume on the fact that the repair receipts have seperate parts fixed every period proving that they haven't repaired the same defect. Consumers should respond by demanding that authorized dealerships always grant them a warranty repair order. Consumers should also debate that these unwritten visits are tries.

Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately page through your owner's book and warranty references thoroughly, and the info with respect to lemon law rights that you ought to receive when you choose your vehicle. Don't rely on your dealership to identify what troubles are covered by warranty. If your dealer states that a defect isn't covered and you think that he is decieving you, be civil but self-asserting. Don't be frighted to go over the segment of the warranty that is relevant, or to call the manufacturing business for verification using the contact info included within your owner's book. You should not have to pay for work related to lemon law complaints. It's also essential to give notice the manufacturing business of a complaint promptly. If you suspect that your vehicle has a defect which just can not 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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