Kentucky Lemon Law
If you find that you’ve purchased a defective vehicle, you can fight back. Kentuckians can use the state’s lemon law to get a replacement vehicle or refund. Here’s a summary of the law:
New cars: Yes
Used cars: No
Business vehicles: No
Leased vehicles: Yes
Lemon law period: 1 year/12,000 miles
What is a Lemon Car Under Kentucky Lemon Law?
Kentucky lemon law covers leased and new passenger vehicles, SUVs, vans, and trucks that are purchased or leased by Kentucky residents and that are purchased or leased in Kentucky. In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use, safety or value of the vehicle
- Has manufacturer’s defects that occurred during the first 12 months from the delivery date or the first 12,000 miles (whichever comes first)
- Has been taken in four times for the same defect or has been out of service for cumulative total of 30 calendar days
- It is used primarily for personal, family, or household purposes
Even if your car doesn’t qualify under Kentucky lemon law, the state has another law that requires vehicle manufacturers to provide consumers with a cost-free informal dispute resolution system if:
Kansas Statute 50-645 is the state’s lemon law.
- The vehicle is used primarily for personal, family, or household purposes and you are the original owner
- The defect occurred during the first two years or 25,000 miles, whichever comes first
- You are a Kentucky resident and you purchased the car in Kentucky
The decision in the informal dispute resolution system is binding on the manufacturer, but not on the consumer.
Kentucky Statutes 367.840 KRS to 367.846 & 367.860 to 367.870 are the state’s lemon laws.
Getting Lemon Justice: Kentucky Lemon Law Relief
Kentucky lemon law provides several options for a successful lemon law claimant. You may be awarded a replacement vehicle of the same year, make, and model, or receive a refund can include:
- The full contract price of the vehicle
- Finance charges
- Sales tax
- License fee
- Registration fee
- Collateral charges
- Attorney’s fees
The amount of the refund may be reduced by a deduction for your use of the vehicle.
Pursuing a KY Lemon Law Claim
Under Kentucky lemon law, you must notify the manufacturer of the problem with your vehicle within 12 months of taking delivery of the vehicle or the first 12,000 miles (whichever comes first). You should send the notice via certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
If you have a new car lemon law claim, you must first participate in the manufacturer’s arbitration process before filing a lemon law lawsuit.
How We Can Help
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 12,000 people recover more than $35 million. You can read more about us here.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a Kentucky lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.