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.

In simple terms, the Lemon Laws stipulate that if you acquire (and in various states, lease) a brand new or pre-owned vehicle or other vehicle covered by a manufacturer's warranty that does not work consistently, and the manufacturing business just can't restore it in spite of recurring efforts (within a fixed time that fluctuates from state to state), or if the car is not usable for a specified time (usually 30 days) because of its problems, you are eligible to a broad range of costs, inclusive of:

1. Monetary damage settlements
2. A repayment of the original money paid
3. A brand new vehicle
Also, just about all the Lemon Laws (and the Federal Warranty Law) contain a fee transferring element which says that if you win your suit, the original maker or car dealership that sold you your lemon is forced to repay you for legal invoices.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Even though the attributes of each state's statute are different, the conventional state Lemon Law statute affords cure to a consumer with a imperfect car purchased with a warranty if:

1. The car dealership or original maker just can not correctly fix a specific flaw in the motor vehicle after a reasonable number of repair attempts (generally at least 3);
2. The motor vehicle cannot be used for at least 30 days due to flaws in the automobile; or
3. The dealership or original maker just can not remedy a defect that is a crucial safety hazard.

By and large, a faulty vehicle is a vehicle with a condition or condition that considerably cripples its drivability, value, or safety to the consumer and does not conform to the warranty. Frequently, the period during which the Lemon Laws are applicable are rather short; the shortcomings and resulting repair attempts (or out-of-service time) often will take place during the first 2-years or 24,000 miles of consumer ownership of the vehicle. However, a number of states have even shorter time periods. In addition, virtually all states have notice and initiation requirements, such as wanting the consumer to send out registered post notice to the original producer of the troubles and establishing the car dealership an opportunity to repair the car. Furthermore, numbers of states demand that Lemon Law suits be adjudicated through an arbitration program.

Generally, state Lemon Law regulations also apply to leased vehicles and preowned vehicles bought whilst under the producers factory warranty. A lot of state Lemon Laws also are applicable to cars other than passenger vehicles. depending on the consumer's home state, or the state where the consumer purchased the car, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer goods (like electronics)
There are a number of powerful solutions possible under the Lemon Laws. American Statesten times, if the original producer just can't correct the car, the consumer may either demand the original producer to replace the car, or make the manufacturing business to take back the car and repay the purchase price together with accompanying damages, including all bills, towing charges, repair charges, alternative travel costs and other costs incurred by the consumer as a consequence of the flaws in the car. Another important remedy possible under most Lemon Laws is litigation fees. In virtually all states, if you prevail in a Lemon Law case, you won't have to pay any legal charges-the auto original equipment manufacturer that sold you your lemon is forced to pay your litigation charges.

The defendant car manufacturer can employ assorted defenses to a Lemon Law claim. The general regulation affords that the maker is not guilty if it can demonstrate that the flaws in dispute happened due to harm, carelessness, or the modification or alteration of a vehicle by persons other than the original maker, an agent, or an authorized dealership. Restated, if the consumer abuses his or her own vehicle, or the faults were the fault of tampering or adjustments performed by an unauthorized party, the original maker might not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer goods warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturers and dealers of consumer items to provide consumers explanatory info about warranty coverage claims. In addition, it regulates both the rights of public consumers and the responsibilities of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act does not call for an car original maker to supply buyers with a warranty, if a warranty is provided, the Magnuson Moss Act extends numerous protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for breaking the warranty by making breach of warranty noncompliance of federal law, and by allowing for customers to recoup legal costs and reasonable laywers' expenses.

The Magnuson Moss Act is frequently useful in a lemon case where, for some reason, a state Lemon Law claim is unavailable or furthermore unsuited. For instance, divaricate from the relatively short cycle provided to public consumers within virtually all Lemon Laws, you may record a claim for breach of warranty after the warranty period has expired as long as the troubles came about during the warranty period. Additionally, although a few Lemon Laws restrict their coverage to a small group of vehicles, the Magnuson Moss Act is relevant to just about all consumer items. The Magnuson Moss Act could also apply if you purchased or leased a preowned motor vehicle without a manufacturing business warranty, or if the motor vehicle is covered by a service contract or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in every state. It is the primary authority of law governing product contracts, including automobiles and other items. The UCC affords another legal channel for customers with lemon troubles.

UCC code stipulates that the purchaser of a product is entitled to return goods that break in any feature to the consumer warranty. Fundamentally, if your recently purchased motor vehicle doesn't operate as established by the original equipment manufacturer (your original warranty is a portion of your agreement), you can have a claim referencing the UCC in addition to any other claims you may have.

The time period for rejecting a car with the UCC is not limitless. If you identify a failing in your automobile within a fair ownership time period, you may take back the vehicle. Unfortunately, brand new cars can be typically technically enigmatic and you might not acknowledge whether your vehicle conforms to the consumer warranty until long after you buy the vehicle and defects start to arise. Fundamentally, if Following this ownership time period you fail to return the vehicle, you will be deemed to have o.K.ed it and might have no claim through the UCC.

The duration of the review period is not specified in the statute. State courts determine how long the reasonable review period is based on the consumer's understanding and personal experience, the consumer's trouble in noticing the flaw, and the consumer's chance to expose the failing.

In spite of this limit, the UCC says that in certain instances where a purchaser is pronounced to have approved of goods (i.e. the reasonable review time has elapsed), a purchaser can still rescind his approval of those products where the non-conformity often degrades the marketability of the products to him. Those examples include instances where it is challenging to identify the nonconformity or the purchaser was promised that the non-conformity would be fixed. In different words, the court will excuse the purchaser from not refusing the products where the purchaser could not have reasonably 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 car dealership for repair under the written warranty, the auto lemon law may be your next recourse. The defect should be substantive in which it hampers your driving the product or your safety. A product stalling frequently is a substantive defect. This is exactly the type of defect that can impair your driving and your safety. Under the car lemon law you are not expected to indicate why the car is stalling, you only have to show clearly that it is stalling. In essence you need to look into the lemon law in these 3 examples: the vehicle keeps breaking down inside the warranty time period, the vehicle is a safety hazard, the dealer is unable to fix the vehicle when it is guaranteed.

If you have a motor vehicle which is a lemon you can immediately write to the maker and ask for a replacement motor vehicle. If this requirement is not acceptable to the maker, you may enter into an arbitration arrangement. A few manufacturers use their own arbitration process. Other manufacturers utilise external arbitration program including Autoline by the Better Business Bureau. The judgment of the arbitrators is binding on the maker but not on the consumer. If unsatisfied with the assessment, the consumer can take the maker to court.

Virtually all regulations specify that the buyer should be restored back to the financial status they were in prior to purchasing the car, less the amount that the buyer profited from by using the car. To get the restitution sum various factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new used cars will qualify under normal lemon laws. For example, a pre-owned vehicle may fall under regular lemon laws if it is less than 1 year old and has less than 12,000 miles on the odometer. States which do have a pre-owned vehicle lemon law will be extra accommodative with the age and amount of mileage. Still, the vehicle has to be sold by a car dealership that extends a written warranty. Personal sales are not regulated, nor are vehicles sold under a stated original cost. There may be additional restrictions to a used car lemon law such as the functions for which the car is pre-owned or the categorisation of car. Vintage vehicles, are normally excluded from used vehicle lemon laws. Used car lemon laws usually cover a much shorter period of time than new car regulations. They oftentimes range from 30 to 90 days, based on your pre-owned car's mileage.
When picking out a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the regulations that are applicable to your state. Also enquire about the fee system. Many lemon law lawyers get a rather humble retainer to handle a lemon law claim, and thenceforth, the attorney's bills are billed to the original producer. Therefore, lemon law claims are ordinarily very inexpensive to consumers. The reimbursement of lawyer bills varies from state to state. About half of the states provide for you to recoup your Lawyer invoices if you win. The lawyer's fee is based upon actual time used rather than being linked to any other percent of the recuperation. In a select few States, you will pay the manufacturing business* lawyer's charges if you lose.

Consumers ought to record their charges in writing and save a copy. In all written correspondence, always delineate how taxing it is to return the automobile to the car dealership for repairs and that the reliability that the consumer believed He was buying has been non-existent. Any written correspondence with a dealership or original producer ought to be sent using certified postal service. In almost all lawsuits the manufacturers claim that they have not had the necessary number of efforts to fix the defect. They assume on the fact that the consumer does not keep repair tickets for each time they have taken the vehicle into the authorized repair facility. They also depend on the fact that the repair tickets have different things fixed every occurance showing that they haven't fixed the same problem. Consumers ought to reply by demanding that dealers always present them a warranty repair order. Consumers must also indicate that these undocumented visits are attempts.

Make sure to be knowledgeable of your lemon law rights. Upon purchase, immediately scan your owner's booklet and warranty info entirely, as well as the reference with respect to lemon law rights which you should get when you acquire your automobile. Don't bet on your dealership to describe which problems are covered by warranty. If your dealership states that a problem is not covered and you believe that he or she is decieving you, be polite but self-asserting. Don't be scared to point out the section of the warranty that is relevant, or to call the original maker for substantiation applying the contact information included within your owner's booklet. You shouldn't be obligated pay for work linked to lemon law complaints. It's also necessary to advise the original maker of a complaint promptly. If you are suspicious that your vehicle has a problem that just can't be remedied, check out your lemon law rights to see when you are able to file 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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