Lemon Laws in Kentucky
There is a lot of bargaining that goes on when you buy a car. Some folks thrive on the interaction with a car salesperson. Typically this is the kind of person who shows up at the dealership armed with all kinds of internet research about their favorite car and what they can expect to pay for that auto.
Other “less prepared” buyers might be steered down a road they really don’t want to travel on. The bottom line is that once you make a purchase with a car dealer, their job is done. If the car you just bought turns out to be a lemon, the dealer is right to throw up his hands declaring “not my problem.” According to the Kentucky Lemon Laws your issue will be with the auto manufacturer and not the dealer.
The Kentucky legislature worked hard on devising their lemon law statues. The specifics can be found in the Kentucky Revised Statutes Chapter 367, sections 840 through 846. Those statues provide for a free dispute resolution system. The decision of those proceedings is binding for the manufacturer, but not the car buyer. That means even if things don’t go your way, you still have the right to enter into a formal lawsuit against the car maker. However, those expenses will be coming out of your pocket. Before that, you should make use of the benefits under the Kentucky Lemon Laws.
Kentucky Lemon Law Qualifications
In Kentucky, before you can claim your car to be a lemon it has to meet certain conditions. The law went into effect in 1998 and deals with new vehicles that are intended for “personal, family or household purposes.” The vehicle in question also has to have four wheels which takes motorcycles off the table. Also excluded are RVs and farm equipment. The issue causing your car to break down also needs to have occurred within the first two years of ownership or the 25,000 miles.
Obviously, you must also be a Kentucky resident and have purchased the car in Kentucky. That might go without saying, but lawyers like to have everything spelled out!
It will take four trips to your mechanic for the same problem to have your car considered a lemon. If your car was also out of commission for 30 days or the diagnosed defect is a life threatening issue then you can jump right to the arbitration hearing.
Kentucky Lemon Law Process
When it has been deemed by your certified mechanic that the defect with your car is the result of a manufacturer problem then you will need to immediately notify the car maker with a certified written letter.
Under Kentucky Lemon Law, it is the responsibility of the manufacturers to have a fair arbitration proceeding already established that meets with state guidelines. After presenting your records of repairs and break-down history to the arbitration board they will issue a ruling. If the ruling is in your favor, you have the right to a replacement car or a refund. The choice will be yours.
As you enter into these proceedings, the office of the Kentucky Attorney General will offer whatever support you need. Because the arbitration hearings are considered “informal” you won’t need to be represented by a lawyer.