Lemon Law in Kentucky

There’s nothing quite like that new car smell. In contrast, there’s nothing quite like buying a new car, only to discover that you’ve bought a lemon. However, Kentucky Lemon Laws exist so that consumers do not have to be stuck with defective products. When going through a process such as this, it may be in your best interest to have an experienced lemon law attorney in Kentucky by your side.

What Is a Lemon Law?

Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any lemon law to apply, the automobile must suffer from a defect. This problem should be outside the purchaser’s control, like a manufacturer issue. Furthermore, lemon laws apply if a certain number of reasonable repairs happened to the vehicle in question to no avail.

When Do Kentucky Lemon Laws Apply?

Lemon laws only apply when the vehicle in question is under warranty. This restriction does not mean it has to have a new guarantee. There are often dealership warranties attached to certified used cars. Under the federal lemon law requirements, conditions must meet the following criteria:

  • The manufacturer attempted to fix the issue on several occasions. Note that the number of conditions that merit a lemon law application can vary based on the court’s opinion.
  • There have been attempts to address the issue(s) in question within the first two years of owning and operating the vehicle.
  • The car has been out of service for at least 30 days. Note that the days do not have to be consecutive.

How Do You Ensure the Application of Lemon Laws?

There are some common practices that you can take that better position you when citing lemon law:

  • You should only take the vehicle in question to the corresponding dealership for repairs. By taking it there, you establish credibility by showing the responsible party attempted to address the issue. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot be held liable for any attempts made to fix the problem.
  • Keep accurate and detailed records of any repairs made. This way, if your case goes to trial, have accurate logs that detail the manufacturer’s opportunities to fix the mechanical issues. This detail also helps build a timeline of how long you could not use your vehicle.

Lemon law statutes vary by state. You should research the lemon law requirements in Kentucky to ensure you remain within the legal confines.

The Kentucky Lemon Law protects consumers who unknowingly purchase a defective automobile from a dealer or manufacturer. Under this law, only new vehicles are protected. The designation vehicle excludes certain types of transportation such as:

  • Motor homes
  • Tractors
  • Mopeds
  • Motorcycles
  • Vehicles with more than 2 axles
  • Vehicles that have been substantially altered

What Exactly Are Consumers Entitled To Under Lemon Laws?

You have a legal entitlement to a replacement vehicle or refund if Kentucky lemon laws apply. However, manufacturers may deduct a fee in proportion to the miles the owner put on the car or truck before it became unusable. This compensation should include:

  • Down payment
  • Registration
  • Taxes
  • Car rentals
  • Monthly payments
  • Tow expenses
  • Attorney costs

Do Lemon Laws Apply to Used Vehicles?

Lemon laws can apply to used vehicles. However, this is for written warranties distributed along with the vehicle upon sale. Often, a used car dealership sells vehicles with a portion of the guarantee remaining. This situation incentivizes the purchase and (allegedly) puts the buyer’s mind at ease.

The Attorney General of Kentucky confirms that there is no lemon law protection for used vehicles in the state. If you are considering buying a used car in Kentucky you should always ask questions of the previous owners, obtain any carfax reports on the vehicle’s history, and have the vehicle inspected by a mechanic, if possible.

When Should You Hire a qualified Kentucky Lemon Law Attorney?

Have you attempted to have your vehicle repaired at the dealership? Consumers should consider legal action when it doesn’t work for 30 days. If you can’t resolve the issue with the manufacturer, it may be time to bring in an experienced Kentucky lemon law attorney.

How Does the Lemon Law Litigation Process Work?

Consumers can expect to go through a series of motions by bringing in an experienced Kentucky lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most Kentucky lemon law attorneys, you can expect the following:

  • Free Case Evaluation – Attorneys should review your case for free. They will determine its merit and whether you have a justifiable claim.
  • Filing Your Claim – Your Kentucky legal representative should handle filing a claim with the manufacturer after determining the facts.
  • Further Action – Your vehicle’s manufacturer may refuse to comply with the claim under federal and state statutes. Then your attorney files suit to seek entitled compensation on your behalf.
  • Pursuing Settlement – The manufacturer should cover all costs and fees if you achieve a settlement before trial. This compensation will often include attorney fees.
  • Contingency Fee Basis – At the end of the ordeal, clients should not have to pay for attorney’s fees. Even if you ultimately lose your case, a reputable Kentucky law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.

The Kentucky State Legislature demands that a manufacturer or dealer be given multiple attempts to repair the car before any lemon law provisions kick in. If the defect in the car cannot be repaired, the buyer must report the defect to the manufacturer in writing. Although the Kentucky Courts will hear lemon law cases, many are resolved through arbitration.

In addition, KATS Network states that lemon laws in Kentucky also cover assistive devices in automobiles for those who might be physically impaired. To pursue these avenues, you may want to retain the services of an experienced lemon law attorney in Kentucky.

Work With an Experienced Local Lawyer In Kentucky

Do you need immediate help? Then one of our experienced lawyers in Kentucky can help guide you through the Lemon Law litigation process. We can even help you connect with an attorney across Kentucky state lines!

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