Lemon Law Basics: Kentucky Lemon Laws
Understanding Kentucky Lemon Law
Who is covered by Kentucky lemon law?
Kentucky lemon law is designed to cover new vehicles that are intended
to be driven on public roads and which require registration before use.
The vehicles must be assembled and sold by a manufacturer or an authorized
dealer, and the title for the vehicle cannot be previously issued. Motor
homes, motorcycles, farm vehicles, vehicles with three or more axles,
and vehicles that were modified after their original sale are excluded
from coverage under Kentucky lemon law.
The Kentucky lemon law requires that any nonconformity that prevents
vehicle from adhering to its warranty must be repaired by the manufacturer,
or the vehicle must be repurchased or replaced. A nonconformity is a serious
defect which hampers the use, safety, or value of the vehicle. The manufacturer
is not responsible under Kentucky lemon law if the nonconformity is the
result of abuse or neglect by the owner.
What is the process for filing a claim under Kentucky lemon law?
To start the Kentucky lemon law process, you must notify the manufacturer
in writing that the nonconformity still exists after they have had a reasonable
chance to repair it. This notification must be given within the first
year of possession, the express warranty period, or the first 12,000 miles.
A reasonable chance is considered to be four or more unsuccessful attempts
to repair the same nonconformity or thirty cumulative days during which
the car was out of commission for repairs.
The consumer must go through the manufacturer's settlement board to try
to get relief under Kentucky lemon law before pursuing further legal action.
A complaint must be filed with the settlement board within two years of
receipt of the vehicle.
What kind of settlement can I expect under Kentucky lemon law?
If the manufacturer replaces a lemon vehicle, the new vehicle must be
of comparable make and value. If the manufacturer repurchases the lemon
vehicle, he must pay for all costs associated with its ownership. This
includes the full purchase price, finance charges, fees for tax, tags,
and registration, and collateral charges. This sum is offset by the actual
loss of value of the vehicle due to the customer's use before it was repurchased.
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