Lemon Law Complaint - Kentucky

KENTUCKY MOTOR VEHICLE LEMON LAW COMPLAINT

1. CAPTION

COMMONWEALTH OF KENTUCKY

[________________] CIRCUIT COURT

CIVIL ACTION NO. [________________]

COMPLAINT UNDER KRS 367.842 AND 367.843

Purchaser alleges:

2. DISPUTE-RESOLUTION PREREQUISITE AND DEADLINE

1. Before seeking judicial relief, Purchaser pursued the dispute-resolution remedy required by KRS 367.842(4) through:

• ☐ the system established under KRS 367.860 to 367.870; or
• ☐ a procedure under 16 C.F.R. part 703.

2. Purchaser submitted the dispute on [DATE] and completed the process on [DATE]. The submission and result are attached as Exhibit A.

3. This action is commenced within two years after original delivery of the Vehicle. KRS 367.842(8).

3. PARTIES, COURT, AND VENUE

4. Purchaser [NAME] is a Kentucky resident who purchased the new Vehicle in Kentucky and suffered ascertainable loss of money or property from Manufacturer's violation of KRS 367.842.

5. Manufacturer [NAME] manufactures or assembles new motor vehicles, including [IF APPLICABLE, NEW CONVERSION VANS], sold in Kentucky. KRS 367.841(2).

6. No dealer is named because KRS 367.842(5) imposes no dealer liability and creates no consumer cause of action against a dealer under the Lemon Law.

7. Purchaser brings this action under KRS 367.843 through KRS 367.220 in Kentucky Circuit Court.

8. Venue is proper in this Circuit Court because [PURCHASER RESIDES HERE / THE TRANSACTION OCCURRED HERE / STATE ANOTHER CURRENT § 367.220 BASIS].

9. Upon commencement and upon entry of judgment or decree, the clerk must mail the copies required by KRS 367.220(2) to the Kentucky Attorney General.

4. VEHICLE, TRANSACTION, AND COVERAGE

10. On [DATE], Purchaser bought a new [YEAR / MAKE / MODEL], VIN [VIN] (the “Vehicle”), from [DEALER] in Kentucky. Transaction and original-delivery documents are attached as Exhibit B.

11. Manufacturer's written express warranty is attached as Exhibit C.

12. The Vehicle is a “new motor vehicle” under KRS 367.841(3)–(5) because it was finally and completely assembled, was in qualifying manufacturer or dealer possession, was in fact new, and had never received its original title.

13. The Vehicle is self-propelled, primarily intended for public-highway use, and required to be registered or licensed in Kentucky before that use.

14. The Vehicle is not:

• substantially altered after its initial dealer sale to an individual;
• a motor home;
• a motorcycle;
• a moped;
• a farm tractor or other farm-production machine; or
• a vehicle with more than two axles.

15. Kentucky imposes no gross-vehicle-weight ceiling; the express structural exclusion is more than two axles.

5. NONCONFORMITY AND REPAIR HISTORY

16. A nonconformity is a failure to conform with Manufacturer's express warranty in a manner substantially impairing the Vehicle's use, value, or safety. KRS 367.841(6).

17. During the earlier-ending first 12,000 miles of operation or first 12 months after delivery, the Vehicle had these nonconformities:

18. Manufacturer or its agents attempted repair as shown in the complete records attached as Exhibit D:

19. After a reasonable number of attempts within the statutory period, Manufacturer or its agents were unable to repair or correct the nonconformity.

20. The nonconformity continues and substantially impairs the Vehicle's [USE / VALUE / SAFETY].

21. The condition did not result from Purchaser's abuse, neglect, or unauthorized modification or alteration. KRS 367.842(2).

6. WRITTEN REPORT AND REPAIR PRESUMPTION

22. After Manufacturer or its agents were unable to repair the nonconformity within the statutory period and after a reasonable number of attempts, Purchaser reported the nonconformity to Manufacturer in writing on [DATE] under KRS 367.842(1).

23. The written report and delivery proof are attached as Exhibit E.

24. Select each applicable rebuttable presumption under KRS 367.842(3):

• ☐ The same nonconformity, defect, or condition was subject to repair four or more times within the earlier-ending 12,000-mile/12-month period and continues to exist.
• ☐ The Vehicle was out of service or use by reason of repair of the same nonconformity, defect, or condition for a cumulative total of at least 30 calendar days within that period.

25. Any reasonable extension of the 30-day period is limited to inability to repair caused by unavailable parts or supplies resulting from war, invasion, civil unrest, fire, flood, or natural disaster.

26. Independently of any presumption, the actual repair history constitutes a reasonable number of attempts because [STATE FACTS AND SUPPORTING EVIDENCE].

7. COUNT I — VIOLATION OF KRS 367.842

27. Purchaser incorporates paragraphs 1 through 26, with all unused alternatives deleted.

28. Purchaser and the Vehicle satisfy the statutory coverage requirements.

29. Manufacturer or its agents were unable, after a reasonable number of attempts within the statutory period, to repair a continuing nonconformity substantially impairing use, value, or safety.

30. Purchaser timely provided the written report required by KRS 367.842(1) and completed the dispute-resolution prerequisite in subsection (4).

31. Under KRS 367.842(2), Manufacturer must, at Purchaser's option:

• replace the Vehicle with a comparable motor vehicle; or
• accept return and refund the full purchase price, less a reasonable use allowance.

32. Purchaser selected [REPLACEMENT / REFUND] on [DATE]. Manufacturer has not provided that remedy.

33. Purchaser suffered ascertainable loss of money or property and brings this action under KRS 367.843 through KRS 367.220.

8. REFUND AND OTHER RELIEF

34. If Purchaser selected refund, the full purchase price includes:

• the amount paid for the Vehicle;
• finance charge;
• sales tax;
• license fee and registration fee;
• similar governmental charges; and
• all collateral charges.

35. The reasonable use allowance is limited to the amount directly attributable to Purchaser's use, excluding periods when the Vehicle was out of service because of the nonconformity. KRS 367.841(7).

36. Kentucky provides no fixed mileage-divisor formula for the use allowance.

37. A refund must be paid to Purchaser and any lienholder as their interests appear in Department of Vehicle Regulation ownership records. The lienholder interests and consent/payment requirements in KRS 367.842(2) must be satisfied before exchange or refund.

38. The Court may award reasonable attorney fees to a prevailing plaintiff under KRS 367.842(9). The award is discretionary, not mandatory.

39. KRS 367.842 supplies no separate award of general incidental or consequential damages or expert fees. Any additional relief must rest on a separately pleaded and verified claim.

40. Any agreement waiving, limiting, or disclaiming the rights in KRS 367.842 is void as against public policy. KRS 367.842(7).

9. PRAYER FOR RELIEF

Purchaser requests judgment:

1. Declaring that Manufacturer violated KRS 367.842;
2. Ordering Manufacturer to provide Purchaser's selected comparable replacement or statutory refund;
3. For a refund, awarding the full purchase price components stated in KRS 367.842(2), less only the reasonable use allowance defined by KRS 367.841(7);
4. Directing payment and lien treatment according to KRS 367.842(2);
5. Awarding reasonable attorney fees in the Court's discretion under KRS 367.842(9);
6. Awarding actual damages and equitable relief proved and authorized through KRS 367.843 and 367.220; and
7. Granting any further relief authorized by the pleaded statutes and proved at trial.

10. SIGNATURE BLOCK

Date: [DATE]

Respectfully submitted,

[ATTORNEY NAME]

KBA No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for Purchaser

11. EXHIBIT CHECKLIST

• ☐ Exhibit A — Required dispute-resolution submission and result
• ☐ Exhibit B — Purchase and original-delivery documents
• ☐ Exhibit C — Manufacturer's written express warranty
• ☐ Exhibit D — Complete repair orders and same-nonconformity calendar-day calculation
• ☐ Exhibit E — Written report to Manufacturer and delivery proof
• ☐ Exhibit F — Purchase-price, charge, use-allowance, lienholder, and selected-remedy records
• ☐ Exhibit G — Evidence of continuing nonconformity and substantial impairment of use, value, or safety

12. SOURCES AND REFERENCES

• Kentucky Legislature — KRS 367.840
• Kentucky Legislature — KRS 367.841
• Kentucky Legislature — KRS 367.842
• Kentucky Legislature — KRS 367.843
• Kentucky Legislature — KRS 367.220