For residents of Kentucky who find themselves as victims of a new vehicle that turns out to be a “lemon,” the disappointment and frustration could not be more tangible. Not only did you purchase a new vehicle expecting it to be reliable for years to come, but you’ve been unable to use it far too often due to excessive time required for repairs.
Thankfully, the state has implemented a lemon law to protect the investment of consumers, and our lemon law attorneys have the experience and expertise to help you benefit from it. Most of the time, men and women assume that this law will only apply to purchased vehicles, but in fact, the lemon law also covers vehicles that have been leased. Keep reading as we talk more about the details of the law and what you can expect from arbitration.
How Does a Vehicle Qualify Under the Lemon Law?
If you purchase or lease a new vehicle in the state that falls under the following guidelines, our lemon law attorneys can prove that your vehicle should be covered under the lemon law:
- The vehicle is used as a primary vehicle on public highways;
- It is registered in Kentucky prior to use or operation;
- It has been completely assembled and is in the possession of a manufacturer, factory branch, distributor, wholesaler, or authorized vehicle dealer;
- It is new and the original title has not previously been issued;
After the above criteria have been met, our lemon law attorneys will work to prove that the newly purchased or leased vehicle has been found to have “nonconformities.” This means the vehicle fails to conform to the express manufacturer’s warranty in a manner that impairs the use, value, or safety of the vehicle.
The vehicle in question must undergo repeated repair attempts before qualifying for the lemon law. In Kentucky, this means that a reasonable number of attempts to repair the problem have been made within the first 12,000 miles or 12 months following the date of delivery to the consumer—whichever comes first—and must begin within two years after the date of delivery to the consumer. With their understanding of the law, the lemon law attorneys at Clagett & Barnett can help you win your case.
What You Can Expect from Your Lemon Law Dispute
Kentucky state law requires the manufacturer to refund all funds paid for the vehicle in question or replace the vehicle with a comparable vehicle. In fact, every manufacturer operating in the state is required to provide consumers with a comprehensive informal dispute resolution system. Additionally, consumers who prevail under the lemon law will not be held liable for any fees due to their lemon law attorney, as Kentucky law requires manufacturers to cover these costs as well.
Repurchase or Replacement?
There are two solutions consumers can choose from after their new or leased vehicle has been deemed a “lemon.” The manufacturer is required to either repurchase the vehicle or replace the vehicle as detailed below:
- Repurchase – if the consumer wishes, the manufacturer will repurchase (or buy back) the defective vehicle. This repurchase will include the following amounts as set out by the law—finance charges, all sales taxes, license fees, registration fees, any similar governmental charges, and all collateral charges, less a reasonable allowance for the consumer’s use of the vehicle.
- Replacement – if the consumer would rather the manufacturer replace the defective purchased or leased vehicle, state law requires the manufacturer to provide a comparable vehicle be provided.
Your lemon law attorney will help you determine which option is best for your specific needs and case.
The Lemon Law Attorneys at Clagett & Barnett Have the Experience and Understanding Needed to Get You What You Deserve
If you have fallen prey to a vehicle that is truly a “lemon,” our lemon law attorneys can walk with you every step of the way as you seek a resolution and freedom from your unreliable vehicle.
Get to know our attorneys, Clagett & Barnett, prior to arriving at your first meeting!