Lemon Law Demand Letter — Kentucky

KENTUCKY MOTOR VEHICLE LEMON LAW DEMAND LETTER

Statutory Notice Under KRS 367.842

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND OVERNIGHT DELIVERY WITH SIGNATURE CONFIRMATION

[__/__/____]

[MANUFACTURER LEGAL NAME]
Attn: Consumer Relations / General Counsel
[ADDRESS]
[CITY, STATE ZIP]

cc: [SELLING / SERVICING DEALER]
[DEALER ADDRESS]

Re: Formal Notice Under Kentucky Motor Vehicle Lemon Law, KRS 367.840–367.846
Consumer: [________________________________]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM]
VIN: [_________________________]
Purchase Date: [__/__/____]
Date of First Repair Attempt: [__/__/____]

Dear Sir or Madam:

This firm represents [CONSUMER NAME] ("Consumer") concerning the above-referenced new motor vehicle. Pursuant to KRS 367.842(2), this letter constitutes formal written notification of a nonconformity that you, as manufacturer, are required to cure. It also serves as demand for repurchase or replacement under the Kentucky Motor Vehicle Lemon Law, KRS 367.840–367.846, and under the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.

I. KENTUCKY LEMON LAW COVERAGE — KRS 367.841

A. Covered Vehicle

The Kentucky Lemon Law covers new motor vehicles sold in Kentucky. Under KRS 367.841(3), a "motor vehicle" means any motor vehicle that is self-propelled and designed to transport persons or property on a public highway. The statute excludes:

• Motor homes
• Conversion vans
• Vehicles with a gross vehicle weight rating over 10,000 pounds (Kentucky's 10,000-lb cap is narrower than many states)
• Mopeds, motorcycles, farm equipment, and off-road vehicles

Kentucky-Specific Exclusion — Leased Vehicles: Unlike many states (e.g., California, New York, Texas), the Kentucky Lemon Law as interpreted by Kentucky courts and the Office of the Attorney General generally does not cover vehicles that were leased (as opposed to purchased). Lessees must ordinarily rely on the Magnuson-Moss Warranty Act, the Kentucky Consumer Protection Act (KRS 367.110 et seq.), and express-warranty claims under Article 2A of the UCC (KRS Chapter 355, Article 2A).

Consumer's vehicle is a [YEAR] [MAKE] [MODEL], VIN [_________________________], purchased new on [__/__/____] from [DEALER NAME] in [CITY, KY]. The vehicle ☐ was purchased ☐ was leased (see note above regarding lessee remedies).

B. Coverage Window — KRS 367.842(1)

Kentucky's Lemon Law applies to nonconformities reported within the earlier of (a) the express warranty term or (b) one (1) year from the date of original delivery to the consumer (KRS 367.841(5)). Unlike Pennsylvania (12,000 miles) or Ohio (18,000 miles), Kentucky measures the coverage period primarily by time, not mileage, though the express warranty term usually controls.

C. Nonconformity — KRS 367.841(4)

A "nonconformity" is any defect or condition that substantially impairs the use, market value, or safety of the vehicle and that is not the result of abuse, neglect, or unauthorized modification. The defect described in Section III below substantially impairs the Consumer's vehicle as defined in KRS 367.841(4).

II. KRS 367.843 PRESUMPTION — REASONABLE NUMBER OF REPAIR ATTEMPTS

Kentucky law creates a rebuttable presumption that a reasonable number of repair attempts has been made when either:

☐ (a) Four (4) or more attempts. The same nonconformity has been subject to repair four or more times by the manufacturer, its agents, or its authorized dealers, and the nonconformity continues to exist; OR

☐ (b) 30 days out of service. The vehicle has been out of service by reason of repair of one or more nonconformities for a cumulative total of 30 or more calendar days (the days need not be consecutive) during the KRS 367.841(5) coverage period.

Consumer's vehicle meets the presumption because: [ describe — e.g., "the transmission shudder has been the subject of five documented repair visits on the dates below, and the vehicle has been out of service for 42 cumulative days" ].

III. VEHICLE, PURCHASE, AND WARRANTY INFORMATION

IV. REPAIR HISTORY (KRS 367.843 DOCUMENTATION)

Cumulative repair attempts for same nonconformity: [____]
Cumulative days out of service: [____]

Copies of each repair order are enclosed.

V. KRS 367.844 INFORMAL DISPUTE SETTLEMENT (ARBITRATION)

KRS 367.844 provides that a consumer is not required to resort to an informal dispute settlement procedure unless the manufacturer has established one that substantially complies with 16 C.F.R. Part 703 and has given the consumer written notice of its existence. If the manufacturer has such a program, the consumer must first participate before filing suit.

Administered by: In Kentucky, consumer complaints under the Lemon Law and KCPA are handled by the Kentucky Attorney General's Office of Consumer Protection, 1024 Capital Center Drive, Suite 200, Frankfort, KY 40601. The Attorney General publishes a consumer guide to the Lemon Law and assists consumers in identifying manufacturer arbitration programs.

Consumer's position on arbitration (check one):

☐ [MANUFACTURER] has no 16 C.F.R. Part 703–compliant program, so arbitration is not a prerequisite.

☐ [MANUFACTURER] sponsors a program (e.g., BBB AUTO LINE, NCDS, CAP). Consumer will submit to that program under protest and without prejudice, reserving all rights to reject the outcome and pursue this claim in court under KRS 367.846.

VI. DEMAND FOR REPURCHASE OR REPLACEMENT — KRS 367.842(1)

Under KRS 367.842(1), if the manufacturer or its authorized agents are unable to conform the vehicle to any applicable express warranty after a reasonable number of attempts, the manufacturer shall, at the consumer's option:

Option A — Replacement

Provide a comparable new motor vehicle. Any difference between the trade-in value of the original vehicle and the cost of the replacement must be borne by the manufacturer. KRS 367.842(1)(a).

Option B — Repurchase / Refund

Accept return of the vehicle and refund the full purchase price, including:

• All collateral charges (sales tax, license/registration, documentation fees)
• All incidental damages (rental vehicle, towing, tolls, lost wages per KCPA)
• All finance charges paid
• Any unpaid lienholder balance (paid directly to lienholder)

LESS a reasonable allowance for consumer's use, calculated under KRS 367.842(1)(b) as:

(Purchase Price) × (Miles at First Reported Nonconformity ÷ 100,000)

Unlike Pennsylvania (120,000) or Florida (120,000), Kentucky uses a 100,000-mile denominator, which benefits the consumer by reducing the usage offset.

Consumer elects: ☐ Replacement ☐ Repurchase/Refund

VII. ATTORNEY FEES AND COSTS — KRS 367.846

KRS 367.846 expressly provides that a consumer who prevails in any action brought under the Kentucky Lemon Law is entitled to recover reasonable attorney fees and court costs. This is a fee-shifting statute and Consumer intends to seek full recovery of fees if litigation proves necessary.

In addition, the Kentucky Consumer Protection Act, KRS 367.220(3), authorizes attorney fees for prevailing consumers in UDAP actions. Where warranted, Consumer will plead both statutes in the alternative.

VIII. MAGNUSON-MOSS WARRANTY ACT CLAIMS

Independently, Consumer asserts claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301–2312, including breach of written warranty (§ 2310(d)) and breach of implied warranty of merchantability. Magnuson-Moss incorporates state-law warranty remedies and independently authorizes attorney fees (§ 2310(d)(2)).

IX. FINAL REPAIR OPPORTUNITY

Consistent with KRS 367.842, this letter affords [MANUFACTURER] one final opportunity to cure the nonconformity. Please contact undersigned counsel within five (5) business days to schedule a final repair attempt at a mutually acceptable authorized dealer. If the manufacturer declines or the final attempt fails, Consumer will proceed to arbitration (if required) and/or civil action in the appropriate Kentucky Circuit Court or United States District Court (Eastern or Western District of Kentucky).

X. DOCUMENT PRESERVATION AND LITIGATION HOLD

You are directed to preserve and not destroy, alter, or spoliate:

• All repair orders, warranty claims, and technician notes related to VIN [_________________________]
• All technical service bulletins, field action reports, and recalls potentially related to the nonconformity
• All communications between the dealer and manufacturer regarding this vehicle
• All engineering, quality, and warranty database entries
• All customer complaint data regarding similar nonconformities in the same model/year

XI. RESPONSE REQUIRED WITHIN 14 DAYS

Please respond in writing within fourteen (14) days, addressing:

1. Whether the manufacturer concedes the vehicle meets the KRS 367.843 presumption;
2. Whether the manufacturer elects replacement, refund, or a final repair opportunity;
3. Identification of any 16 C.F.R. Part 703 arbitration program Consumer is required to use;
4. A monetary offer, if any.

Failure to respond will result in the filing of a civil action and, where appropriate, a written complaint to the Kentucky Attorney General's Office of Consumer Protection.

Respectfully,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
KBA No. [__________]
[ADDRESS]
[CITY, KY ZIP]
[TELEPHONE] | [EMAIL]

Counsel for [CONSUMER NAME]

ENCLOSURES:

☐ Copies of all repair orders
☐ Purchase contract / retail installment contract
☐ Window sticker / Monroney label
☐ Warranty booklet
☐ Kentucky registration and title
☐ Photos/videos of defect
☐ Prior correspondence with manufacturer and dealer

cc:
☐ [CONSUMER NAME]
☐ Lienholder: [__________]
☐ Kentucky Attorney General, Office of Consumer Protection, 1024 Capital Center Drive, Suite 200, Frankfort, KY 40601

KENTUCKY-SPECIFIC NOTES

☐ 10,000-lb GVWR Cap. Kentucky's Lemon Law covers only vehicles with a gross vehicle weight rating of 10,000 pounds or less — narrower than many states' coverage and excluding heavy pickups and cutaway chassis.

☐ Leases Generally Not Covered. Unlike California (Song-Beverly) and New York, Kentucky's Lemon Law is oriented toward purchased vehicles. Lessees should proceed under Magnuson-Moss, KCPA, and UCC Article 2A.

☐ Use-Offset Denominator. Kentucky uses 100,000 miles (more consumer-friendly than Florida's 120,000 or Pennsylvania's 120,000).

☐ 1-Year / Express-Warranty Window. Kentucky's coverage period runs to the earlier of the express warranty term or one year from delivery — verify carefully.

☐ Attorney's Fees Explicitly Authorized. KRS 367.846 is a mandatory fee-shifting statute for prevailing consumers, making Kentucky Lemon Law cases viable even for lower-value vehicles.

☐ KCPA Overlay. Where the Lemon Law's technical thresholds are not met, consider the Kentucky Consumer Protection Act (KRS 367.110 et seq.), which has its own 2-year limitation and allows actual damages plus attorney fees.

☐ AG Office of Consumer Protection. The Kentucky Attorney General does not itself arbitrate lemon-law claims but maintains consumer complaint intake and publishes guidance identifying manufacturer-run programs.

☐ Venue. Civil actions may be filed in the Circuit Court for the county of the consumer's residence, the county of the dealer, or the U.S. District Court for the Eastern or Western District of Kentucky.

SOURCES AND REFERENCES

• KRS 367.840 — Short title: Kentucky Motor Vehicle Lemon Law
• KRS 367.841 — Definitions
• KRS 367.842 — Duty to repair; replacement or refund; use allowance formula
• KRS 367.843 — Presumption of reasonable number of attempts
• KRS 367.844 — Informal dispute settlement procedures
• KRS 367.846 — Attorney fees and costs to prevailing consumer
• KRS 367.110 et seq. — Kentucky Consumer Protection Act
• KRS 367.220 — Private right of action; remedies and fees
• 15 U.S.C. §§ 2301–2312 — Magnuson-Moss Warranty Act
• 16 C.F.R. Part 703 — FTC Informal Dispute Settlement Procedures
• Kentucky Attorney General, Office of Consumer Protection: https://ag.ky.gov/Priorities/Consumer-Protection
• Ford Motor Co. v. Mayes, 575 S.W.2d 480 (Ky. Ct. App. 1978) (implied warranty)

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Kentucky attorney before use.