Kentucky Lemon Law Firms and the Kentucky lemon law code.

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.

Although it varies from state to state, the Lemon Laws specify that if you acquire (and in many states, lease) a new or used car or other vehicle with a manufacturer's warranty that is extremely unreliable, and the original equipment manufacturer can't fix it in spite of recurrent tries (in a specified time limit that varies from state to state), or if the vehicle is not usable for a designated period (generally 30 days) due to its flaws, you are qualified to a wide number of maltreats, inclusive of:

1. Money restitution
2. A restitution of your purchase price
3. A new automobile
Furthermore, just about all the Lemon Laws (and the Federal Warranty Law) feature a fee changing component which says that if you win your suit, the manufacturing business or car dealership that sold you the lemon is obliged to compensate you for litigation fees.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Even though the wording of each state's statute vary, the general state Lemon Law statute affords relief to a consumer with a imperfect motor vehicle sold with a warranty if:

1. The dealer or manufacturing business cannot genuinely correct a particular deficiency in the vehicle after a fair number of repair attempts (normally at least three);
2. The car can't be used for at least 30 days due to flaws in the car; or
3. The dealer or manufacturing business just can't fix a gremlin that is a serious safety risk.

Typically, a defective automobile is a automobile with a problem or trouble that often degrades its use, marketability, or safety to the consumer and does not conform to the warranty. In most instances, the period in which the Lemon Laws apply are rather short; the troubles and consequential repair attempts (or out-of-service period) generally will take place during the first two-years or 24,000 miles the owner has the motor vehicle. However, a number of states have even shorter periods. In addition, almost all states have notice and trigger requirements, such as asking the consumer to send registered post notice to the manufacturing business of the flaws and establishing the car dealership a chance to correct the vehicle. Additionally, several states demand that Lemon Law lawsuits be adjudicated through an arbitration process.

Generally, state Lemon Law statues also are applicable to leased automobiles and used automobiles purchased whilst under the producers original warranty. A lot of state Lemon Laws also are applicable to automobiles other than passenger automobiles. based on the buyer's home state, or the state in which the consumer purchased the vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer products (such as electronics)
There are many powerful resolutions possible under the Lemon Laws. States most instances, if the original producer just can not fix the vehicle, the consumer can either demand the original producer to replace the car, or force the original producer to reposess the car and repay the original price paid plus incidental damages, including all bills, towing costs, repair costs, associated transportation charges and other charges incurred by the consumer as a consequence of the defects in the car. Another important relief available under most Lemon Laws is litigation fees. In almost all states, if you win in a Lemon Law suit, you do not have to pay any litigation fees-the automobile manufacturer that sold you your lemon is obligated to pay litigation fees.

The defendant car original producer can utilize several defenses to a Lemon Law claim. The common regulation affords that the original maker is not responsible if it can verify that the faults at issue persisted due to abuse, carelessness, or the tampering or alteration of a motor vehicle by a party other than the manufacturing business, an agent, or an authorized repair facility. In other words, if the consumer abuses his or her own motor vehicle, or the shortcomings were caused by changing or changes executed by a third party, the manufacturing business might not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer goods warranties. Signed by Congress in 1975, the Magnuson Moss Act requires makers and marketers of consumer products to provide customers comprehensive facts about warranty coverage. Also, it regulates both the rights of public consumers and the responsibilities of warrantors under written warranties.

Although the Magnuson Moss Act doesn't require an vehicle original maker to provide buyers with a warranty, if a warranty is furnished, the Magnuson Moss Act offers some protections for the consumer. The Magnuson Moss Act makes it more easy for buyers to sue for not honoring the warranty by making breach of warranty noncompliance of federal law, and by allowing purchasers to recoup court costs and reasonable attorney's charges.

The Magnuson Moss Act is frequently effective in a lemon situation in which, for some reason, a state Lemon Law claim is not available or moreover unfavorable. For instance, unlike the generally short time period provided to purchasers inside most Lemon Laws, you can bring a claim for breach of warranty after the warranty period has expired as long as the defects occurred during the warranty time period. In addition, although many Lemon Laws limit their coverage to a small offering of motor vehicles, the Magnuson Moss Act applies to near all consumer goods. The Magnuson Moss Act might also apply if you bought or leased a expended automobile without a manufacturer's warranty, or if the automobile is covered by a third party service contract or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all states. It is the principal authority of law regulating contracts dealing with the sale of products, including motor vehicles and other items. The UCC affords an alternative legal channel for consumers with lemon troubles.

UCC code says that the consumer of a product is entitled to return merchandise that break in any sense to the consumer warranty. Essentially, if your recently purchased item doesn't operate as guaranteed by the original producer (your written warranty is part of your contract), you can file a claim referencing the UCC in addition to whatever additional claims you may have.

The time for rejecting a vehicle with the UCC is not unlimited. If you notice a flaw in your car within a sensible ownership time period, you may return the car. Unfortunately, new motor vehicles are often technically complex and you might not notice if your car conforms to the consumer agreement till long after you acquire the car and problems begin to develop. In essence, if Long after this ownership period you do not take back the car, you will be pronounced to have o.K.ed it and may have no claim through the UCC.

The length of the inspection time period is not delineated in the regulation. The Courts determine how long the fair inspection period is based on the purchaser's expertise and experience, the purchaser's trouble in discovering the gremlin, and the purchaser's chance to observe the fault.

In spite of this limitation, the UCC stipulates that in certain examples where a purchaser is said to have accepted goods (i.e. the fair inspection time has elapsed), a purchaser can still recant his acceptation of those goods where the non-conformity often impairs the marketability of the goods to him. Those instances include lawsuits where it was difficult to see the nonconformity or the purchaser was assured that the non-conformity would be fixed. In different words, the court will pardon the purchaser from not having rejected the goods where the purchaser could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a automobile excessively breaks and you have to keep taking it back to the dealership for repair under the warranty, the automobile lemon law might be your next recourse. The gremlin ought to be substantial in which it hampers your driving the car or your safety. A car stalling often would be a substantial gremlin. This is exactly the type of condition that can hinder your driving and your safety. Under the motor vehicle lemon law you are not obligated to show why the car is stalling, you simply have to show that it is stalling. Essentially you need to check up on the lemon law in these three instances: the car keeps breaking down within the warranty period, the car is a safety risk, the dealer is unable to rebuild the car when it is guaranteed.

If you have a product which is a lemon you can directly write to the manufacturing business and ask for a replacement product. If this demand is not satisfactory to the manufacturing business, you could start into an arbitration arrangement. A few manufacturers have their own arbitration process. Other manufacturers use third party arbitration program including Autoline by the BBB. The proposition of the arbitrators is binding on the manufacturing business but not on the consumer. If unsatisfied with the judgment, the consumer can take the manufacturing business to court.

Virtually all ordinances state that the consumer ought to be restored back to the financial status they were in before they purchased the motor vehicle, less the measure that the consumer gained from by using the motor vehicle. To get the repayment sum 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 used automobiles might qualify under normal lemon laws. For example, a pre-owned car may fall under regular lemon laws if it is less than 1 year old and has fewer than 12,000 miles on the odometer. States that do have a used car lemon law may be extra generous with the age and amount of mileage. Still, the car must be sold by a dealership that provides a warranty. Private sales aren't regulated, neither are cars sold under a stated original price paid. There might be additional restrictions to a used car lemon law such as the functions in which the motor vehicle is utilized or the classification of motor vehicle. Classic automobiles, are normally excluded from used car lemon laws. Used car lemon laws normally cover a much shorter period than new car ordinances. They often range from 30 to 90 days, depending on your pre-owned vehicle's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that apply to your state. Also enquire about the pricing structure. Many lemon law lawyers call for a rather humble retainer to cover a lemon law claim, and thereafter, the lawyer's bills are sent to the manufacturing business. Therefore, lemon law claims are commonly very low-cost to customers. The reimbursement of attorney expenses differs from state to state. About one-half of the states provide for you to recover your Lawyer expenses if you win. The attorney's fee is based on actual time logged rather than being bound to any other portion of the recovery. In many States, you have to pay the manufacturing business* lawyer's bills if you lose.

Consumers should place their concerns in writing and retain a copy. In any written correspondence, always outline how burdensome it is to return the car to the dealer for corrections and that the dependability that the consumer thought He was receiving has been non-existent. Any written correspondence with a dealer or manufacturing business ought to be sent using certified mail service. In almost all instances the manufacturers claim that they haven't had the requisite number of tries to fix the condition. They rely on the knowledge that the consumer doesn't have repair sheets for each time they have taken the vehicle into the authorized dealership. They also rely on the possibility that the repair sheets have seperate parts repaired every period proving that they haven't repaired the same problem. Consumers ought to respond by requiring that dealerships always present them a warranty repair sheet. Consumers should also contend that these unrecorded trips are attempts.

Make sure to be aware of your lemon law rights. Upon purchase, immediately scan your owner's book and warranty information entirely, as well as the reference pertaining lemon law rights which you ought to receive when you choose your vehicle. Don't depend on your dealer to teach you what defects are covered by warranty. If your dealer states that a problem is not covered and you believe that he is being deceptive, be composed but assertive. Don't be frighted to go over the section of the warranty that applies, or to call the original producer for verification using the contact information included within your owner's book. You should not have to pay for work related to to lemon law complaints. It's also necessary to notify the original producer of a complaint immediately. If you are suspicious that your car has a defect what just can't be remedied, check 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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