What is the KY Lemon Law?
The Kentucky Lemon Law is a legislation that was enacted to protect consumers who have purchased new automobiles, trucks, and motorcycles that fail to meet the manufacturer’s express warranty. This law provides relief to consumers by requiring the manufacturer or dealer to repair or replace the vehicle when it begins to experience problems covered under the warranty.
The lemon law applies to new motor vehicles purchased or leased in Kentucky for personal use, including demonstrator vehicles that have been sold to the public. It does not apply to used vehicles, recreational vehicles, off-road vehicles, or motorcycles with an engine displacement of less than 50 cubic centimeters.
What are the Benefits of the KY Lemon Law?
The KY Lemon Law allows the consumer to receive either a replacement vehicle or a refund of the purchase price, minus any usage fees for the vehicle. If the manufacturer or dealer cannot repair the vehicle within a reasonable period of time, or if a substantial defect cannot be repaired after a reasonable number of attempts, then the consumer may be entitled to receive either a new vehicle or a refund.
Under the KY Lemon Law, the manufacturer must also reimburse the consumer for any incidental expenses incurred as a result of the defect, such as rental car costs, towing fees, or repair costs. The consumer must also notify the manufacturer in writing of the problem and allow a reasonable number of attempts to repair the vehicle.
What are the Requirements to Qualify for the KY Lemon Law?
To qualify for the KY Lemon Law, the vehicle must have a defect that is covered under the express warranty and that substantially impairs the vehicle’s use, value, or safety. The defect must be reported to the manufacturer or dealer within one year of the date of delivery or the first 12,000 miles of use.
The manufacturer or dealer must also have a reasonable number of attempts to repair the defect. This number is defined as four attempts for the same defect or a total of 30 calendar days within the first 12,000 miles of use or one year of ownership, whichever comes first.
What Should You Do if You Think You Qualify for the KY Lemon Law?
If you believe that you qualify for relief under the KY Lemon Law, you should contact the manufacturer or dealer in writing to report the problem. You should keep a copy of your correspondence for your records, as well as any repair orders or invoices related to the repairs.
The manufacturer or dealer is required to respond to your request within 30 days and must provide you with a written statement indicating whether they intend to repair or replace your vehicle, or offer you a refund. If the manufacturer or dealer fails to respond or does not provide a satisfactory response, you may need to hire an attorney to assert your rights under the lemon law.
Overall, the KY Lemon Law provides important protections for consumers who purchase new motor vehicles that fail to meet the manufacturer’s express warranty. By requiring manufacturers and dealers to repair or replace defective vehicles, the law helps ensure that consumers receive the full value of their purchases and are not left with vehicles that are unsafe or unusable.
If you believe that you qualify for relief under the KY Lemon Law, it is important to consult with an attorney who is experienced in handling lemon law cases in Kentucky. With the right legal representation, you can ensure that your rights are protected and that you receive the compensation that you are entitled to under the law.
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