Are you paying unreasonable repair costs for a vehicle that you recently bought as a US resident? If yes, you may have bought a lemon. On the bright side, if your vehicle is classified as a lemon under what’s called Kentucky state Lemon Law, you can get out of this situation.
Does Kentucky Have a Lemon Law?
What most of the population doesn’t know, is that there are Lemon Law statutes written for most of the United States. These laws have been created for the cause of providing protection against faulty vehicular manufacturing to consumers who purchase a car in the US. Start researching Kentucky state’s Lemon Law if you believe you have a lemon on your hands.
What is Lemon Law in Kentucky?
Kentucky Revised Statutes, § 367.840 to 367.846
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.
(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;
(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.
When does a vehicle qualify as a Lemon in Kentucky?
To understand whether you might have a viable lawsuit under Lemon Law, it’s recommended that you scan through all the current state Lemon Law statutes, which are probably unique in Kentucky. We have a highly knowledgeable group of Lemon Law lawyers who are expert in Lemon Law and can assist you in getting started with your research and legal process. Call us at (888-353-0456 and/or please fill out the contact information page found on our website so we know how best to reach you.
Our outstanding and expert attorneys are able and willing to assist you with each and every step you’ll need to complete in this process and to help you learn all you need to know about your case and the legal proceedings involved at the same time. Additionally, we have years of experience when it comes to fully understanding the law from the point of view of the auto manufacturing companies. This means we are prepared to represent you better than anyone else in the business.
Is a used car covered under Kentucky Lemon Law?
If you bought a used vehicle, it’s very unlikely that you would have access to Lemon Law rights. However, if a still active warranty came along with your used vehicle purchase, you might have a case. Make sure, as you look into Lemon Law, that you locate the most up to date and accurate information as it may have changed over time.
When do I need a Kentucky based Lemon Law Attorney?
We recommend that you call a good Lemon Law attorney right when you realize you could have a potential Lemon Law case. A lot of people don’t have the legal know how or tools that are necessary to represent themselves legally in a Lemon Law suit. A capable attorney is necessary for your case to ensure you have the proper support. If you are debating whether you’ll be hiring a Lemon Law lawyer immediately, you should give us a call and we’ll discuss everything with you to help you decide.
How do Lemon Law Attorneys in Kentucky protect my rights?
When you’re supported by a competent Lemon Law expert, you will not have to worry when it comes to understanding the law and your specific case and no need to stress about properly filing your documents or following legal procedures. You will find a Lemon Law attorney to be crucial to resolving these issues for you and helping you access your rights. Our legal team will talk with you during a free consultation and is happy to help whenever you’re ready to pursue your case in Kentucky. We are also prepared to stand up for you against the big vehicle manufacturing businesses who are equipped with teams of legal aids and advisers.
Our wonderful team will make sure you are fully educated in all proceedings and legalities that will relate to your situation. If we do find that your car is not really a lemon, we are still here to help guide you and answer your questions.
How long do Lemon Law cases in Kentucky typically take to get resolved?
You won’t find that there’s a set date we can provide you for full case resolution. We will sit down with you, during the consultation, and go over a timeline that could be expected.
We have a lot of pride because of our solid reputation for excellence when we take on a Lemon Law case. If it is at all possible, we will do everything that is prudent to speed up your case. However, note that the average Lemon Law case would last about three months.
How much will a Kentucky Lemon Attorney cost to hire?
Car manufacturers are always held responsible for the legal costs that would be associated with a true Lemon Law suit. In other words, even if your Lemon Law case were to be lost, you would be free of any fees owed.
What are some of the areas that that Lemon Law Lawyers in Kenucky cover?
Take a look below to see just a number of the areas in Kentucky that we serve with our Lemon Law expertise.
- Bowling Green
- St. Matthews
- Bowling Green
We want to aid you in your goals to be done with your lemon and driving a vehicle that is much safer and more reliable. Why struggle any more with repair expenses and time wasted on a car that just doesn’t cut it? Keep in mind that our team is ready to help you today, give us a call and let’s get started!