Lemon Law Demand Letter — Kentucky

KENTUCKY MOTOR VEHICLE LEMON LAW DEMAND LETTER

Statutory Notice Under KRS 367.842(1)

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(1), this letter constitutes the buyer's written report of a nonconformity to the manufacturer. It also serves as demand for the replacement-or-refund remedy provided at the buyer's option by KRS 367.842(2) 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 bought or leased in Kentucky. Under KRS 367.841(3), a "motor vehicle" is every self-propelled vehicle intended primarily for use on the public highways and required to be registered or licensed before use. The statute excludes (KRS 367.841(3)(a)–(f)):

• Any vehicle substantially altered after its initial sale from a dealer to an individual
• Motor homes
• Motorcycles
• Mopeds
• Farm tractors and other machines used in the production, harvesting, and care of farm products
• Vehicles which have more than two (2) axles

No GVWR cap — the limit is axles. Kentucky's exclusion is "more than two (2) axles," not a 10,000-lb (or any) gross-vehicle-weight cap. Do not disqualify a two-axle vehicle on a nonexistent weight limit. Note also that conversion vans are covered — KRS 367.841(2) expressly includes new conversion van manufacturers within "manufacturer."

Leases ARE covered. Under KRS 367.841(1) and KRS 367.840(1), "buyer" includes a person who "buys, contracts to buy, or leases" a new motor vehicle, and for a lease means the lessor, lessee, or both. Kentucky's Lemon Law protects lessees; do not advise a lessee that leased vehicles are excluded.

Consumer's vehicle is a [YEAR] [MAKE] [MODEL], VIN [_________________________], acquired new on [__/__/____] from [DEALER NAME] in [CITY, KY]. The vehicle ☐ was purchased ☐ was leased (both are covered).

B. Coverage Window — KRS 367.842(1)

Kentucky's Lemon Law applies to a nonconformity in the vehicle that the manufacturer is unable to repair to the express warranty during the first twelve thousand (12,000) miles of operation OR the first twelve (12) months following the date of delivery, whichever is the earlier date (KRS 367.842(1)). Kentucky uses a 12,000-mile / 12-month window — it is not a time-only measure. Within that window, the buyer must report the nonconformity, in writing, to the manufacturer (KRS 367.842(1)).

C. Nonconformity — KRS 367.841(6)

A "nonconformity" (KRS 367.841(6)) is a failure to conform with an express warranty in a manner that substantially impairs the use, value, or safety of the vehicle. It is an affirmative defense that the condition does not substantially impair use, value, or safety, or that it results from abuse, neglect, or unauthorized modification/alteration by the buyer (KRS 367.842(2)(a)–(b)). The defect described in Section III below substantially impairs the Consumer's vehicle as defined in KRS 367.841(6).

II. KRS 367.842(3) PRESUMPTION — REASONABLE NUMBER OF REPAIR ATTEMPTS

Kentucky law (KRS 367.842(3)) creates a rebuttable presumption that a reasonable number of repair attempts has been made if, within the first 12,000 miles of operation or the first 12 months following original delivery (whichever is earlier), either:

☐ (a) Four (4) or more attempts. The same nonconformity, defect, or condition has been subject to repair four (4) or more times by the manufacturer, but the nonconformity continues to exist; OR

☐ (b) 30 days out of service. The vehicle has been out of service by reason of repair of the same nonconformity, defect, or condition for a cumulative total of at least thirty (30) calendar days. (This 30-day period is extended by a reasonable time when the vehicle cannot be repaired due to unavailability of parts as a result of war, invasion, civil unrest, fire, flood, or natural disaster.)

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 367.842(3) DOCUMENTATION)

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

Copies of each repair order are enclosed.

V. DISPUTE RESOLUTION — KRS 367.842(4)

Under KRS 367.842(4), a dispute concerning refund or replacement shall be resolved through the dispute resolution system established under either KRS 367.860 to 367.870 or a manufacturer procedure complying with 16 C.F.R. Part 703, and that remedy shall be pursued prior to seeking any judicial relief under KRS 367.843. (KRS 367.844, by contrast, addresses only a manufacturer's prohibition on exposing a franchised dealer to liability — it is not the arbitration provision.)

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 assists consumers in identifying applicable dispute-resolution programs.

Consumer's position on dispute resolution (check one):

☐ Consumer will pursue the dispute through the KRS 367.860–367.870 system.

☐ Consumer will pursue the dispute through the applicable 16 C.F.R. Part 703 procedure identified by Manufacturer: [________________________________].

Manufacturer must promptly identify the applicable statutory route. KRS 367.842(4) requires one of the two listed dispute-resolution remedies before judicial relief; it does not state a general “no program, proceed directly” exception.

VI. DEMAND FOR REPURCHASE OR REPLACEMENT — KRS 367.842(2)

Under KRS 367.842(2), if the manufacturer or its agents are unable to repair or correct a nonconformity that substantially impairs the use, value, or safety of the vehicle after a reasonable number of attempts, the manufacturer shall, at the option of the buyer:

Option A — Replacement

Replace the motor vehicle with a comparable motor vehicle (KRS 367.842(2)).

Option B — Repurchase / Refund

Accept return of the vehicle and refund the full purchase price, which by statute (KRS 367.842(2)) includes: the amount paid for the 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. Refunds are made to the buyer and lienholder, if any, as their interests appear (the lienholder must be paid in full before an exchange or refund).

Reasonable allowance for use (KRS 367.841(7)): This is the amount directly attributable to the buyer's use of the vehicle, excluding time periods when the vehicle was out of service due to the nonconformity. Kentucky's statute prescribes no mileage-divisor formula — there is no "÷ 100,000" (or ÷ 120,000) calculation. Do not apply one; quantify actual attributable use instead.

Buyer elects (KRS 367.842(2) gives the option to the buyer): ☐ Replacement ☐ Repurchase/Refund

VII. ATTORNEY FEES, LIMITATIONS, AND COSTS — KRS 367.842(8)–(9)

Under KRS 367.842(9), a court may award reasonable attorney's fees to a prevailing plaintiff. This is a discretionary, one-way (consumer-favorable) fee provision — not a mandatory fee-shift — and Consumer intends to seek recovery of fees if litigation proves necessary. (Note: KRS 367.846 is the Act's application/effective-date section, not a fee provision.)

Statute of limitations: Any action under the Lemon Law must be commenced within two (2) years after the date of original delivery of the new motor vehicle to the buyer (KRS 367.842(8)).

The Lemon Law's private right of action runs through KRS 367.843 (permitting a person who purchases a motor vehicle and suffers ascertainable loss from a KRS 367.842 violation to seek relief under KRS 367.220). Because KRS 367.843 uses “purchases” even though KRS 367.840–367.842 cover leases, a lessee must have Kentucky counsel identify the correct judicial cause of action, plaintiff or plaintiffs, ascertainable loss, and refund allocation before suit. Where warranted, counsel may separately evaluate the Kentucky Consumer Protection Act.

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. OPPORTUNITY TO RESOLVE

This letter satisfies the buyer's written-report obligation under KRS 367.842(1). The Kentucky Lemon Law does not prescribe a fixed statutory "final cure" period; a reasonable number of repair attempts has already been made and the nonconformity persists. As a practical courtesy, Consumer will consider any prompt offer to resolve this matter — please contact undersigned counsel within five (5) business days to schedule any further repair attempt at a mutually acceptable authorized dealer. Absent a satisfactory replacement or refund offer, Consumer will pursue the KRS 367.842(4) dispute-resolution process (as required) and then civil action under KRS 367.843 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 367.842(3) presumption;
2. Whether the manufacturer will provide replacement or refund at the buyer's option (KRS 367.842(2));
3. Identification of any KRS 367.860–367.870 or 16 C.F.R. Part 703 dispute-resolution program Consumer is required to use (KRS 367.842(4));
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

☐ No Weight Cap — the Exclusion Is ">2 Axles." Kentucky's definition (KRS 367.841(3)) excludes vehicles with more than two (2) axles, motor homes, motorcycles, mopeds, farm tractors, and substantially-altered vehicles — there is no 10,000-lb (or any) GVWR cap. Standard two-axle pickups are covered regardless of weight; do not disqualify on a nonexistent weight limit.

☐ Leases ARE Covered. KRS 367.841(1) defines "buyer" to include a person who "buys, contracts to buy, or leases" a new motor vehicle (lessor, lessee, or both), and KRS 367.840(1) states the Act protects consumers who "buy or lease." Lessees are protected — do not advise otherwise. Conversion vans are also covered (KRS 367.841(2)).

☐ Use Allowance — No Mileage Formula. KRS 367.841(7) defines the reasonable allowance for use as the amount directly attributable to the buyer's use, excluding out-of-service periods. Kentucky prescribes no ÷100,000 or ÷120,000 mileage-divisor formula — do not apply one.

☐ Coverage Window — 12,000 Miles OR 12 Months. Kentucky's period is the earlier of the first 12,000 miles of operation or 12 months from delivery (KRS 367.842(1)) — a mileage-and-time measure, not time-only.

☐ Attorney's Fees Are Discretionary. KRS 367.842(9) provides a court may award reasonable attorney's fees to a prevailing plaintiff — discretionary and one-way (consumer-favorable), not a mandatory fee-shift. (KRS 367.846 is only the application/effective-date section.)

☐ Two-Year SOL From Delivery. Any Lemon Law action must be commenced within two (2) years after original delivery (KRS 367.842(8)) — distinct from any KCPA limitation. Where thresholds are not met, consider the Kentucky Consumer Protection Act (KRS 367.110 et seq.) in the alternative.

☐ 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 (official) — Purposes; construed liberally — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35086
• KRS 367.841 — Definitions (buyer incl. lessee; motor vehicle; nonconformity; reasonable allowance for use)
• KRS 367.842 (official) — Options of buyer; presumption (subsec. (3)); dispute resolution (subsec. (4)); 2-yr SOL (subsec. (8)); attorney fees (subsec. (9)) — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40103
• KRS 367.843 (official) — Action for relief by purchaser (via KRS 367.220) — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35089
• KRS 367.220 (official) — Circuit-court action, venue, relief, and Attorney General copies — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34922
• KRS 367.844 — Manufacturer prohibited from exposing franchised dealer to liability
• KRS 367.845 — Enforcement by the Attorney General
• KRS 367.846 — Application of KRS 367.840 to 367.845 (new vehicles purchased after July 15, 1986)
• KRS 367.860 to 367.870 — Dispute resolution system
• KRS 367.110 et seq. / KRS 367.220 — Kentucky Consumer Protection Act; private right of action
• 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/

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