Kentucky Lemon Laws for Used Cars: What To Know
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From the Western Waterlands to the Appalachian Mountains, the Bluegrass State has some of the most beautiful land to traverse. But if you want to take in all the nature, culture, food, and Bourbon Kentucky has to offer, you’re almost certainly going to need a car to do that.
And while you can do all the research in the world before buying a car, there’s no way to fully guarantee your car was well made and in good condition, even if you buy it new. Luckily, there are provisions to protect consumers from buying faulty cars, and we’ll help walk you through lemon laws in Kentucky.
Which vehicles are eligible?
Lemon laws in Kentucky cover all motor vehicles, but there are a few surprising exclusions that Kentucky does not consider motor vehicles. Cars, trucks, and vans are covered, but motorcycles, mopeds, motor homes, tractors, and cars with more than 2 axels are not considered motor vehicles.
For the purpose of lemon laws, neither are cars that have substantially altered from the condition they were sold in. That means that if your transmission goes caput, the lifted suspension might eliminate its eligibility for financial protection.
But assuming your new car is one of the eligible motor vehicles listed above, it is covered by lemon laws for the first 12 months after you buy it, as long as the mileage is below 12,000 miles.
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What is a Lemon?
A lemon is a car with a serious nonconformity (a defect covered by the warranty) that cannot be repaired in a reasonable number of attempts by the manufacturer or dealer. This defect also has to be caused by a manufacturing issue, not a result of reckless or neglectful ownership.
Under lemon laws in Kentucky, the manufacturer has 4 attempts to remedy the nonconformity. If they fail to make the car safe and usable in those 4 attempts, then you are entitled to compensation in the form of either a refund or a replacement car.
Your car can also be deemed a lemon if in the first year of ownership, the car is out of service for repairs for over 30 days (fun fact: Kentucky law does provide manufacturers with additional time if parts are unavailable due to “war, invasion, civil unrest, fire, flood, or natural disaster”).
Both of these definitions of a lemon car make it very important to keep records of any time you bring your car in for service. Make note of the dates when you bring the car in and when you get it back and note the mileage on the odometer before and after service.
You should also ask the mechanics for a detailed report of what repairs were made to the car. These reports won’t be terribly important if your car is repaired on one of the 4 allowed efforts, but if not, you will need proof that your car qualifies as a lemon.
Your next steps
If your new car fits either of the descriptions above, you must notify the manufacturer in writing that your car is a lemon and that you demand recompense. You can either request compensation in the form of a refund or a replacement car.
If you opt for the refund, you should receive not only the full purchase price of the car, but also any sales taxes, license fees, registration fees, and collateral fees. A certain amount of money based on the mileage of the car will be deducted from this amount to account for the amount of use you did get out of the car before it became unusable.
If you instead want a replacement car, you and the manufacturer must agree on a comparable car with nearly equal value.
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Disputes
If the manufacturer chooses to refute your claim that they sold you a lemon, then the dispute must first go to an independent dispute resolution system for arbitration by an impartial third party certified in the matter of lemon cars in the state of Kentucky.
You should be able to find the appropriate arbitrator for your car’s make in the warranty information, the owner’s manual, or on the Attorney General’s website. The arbitrators will need evidence that the manufacturer had ample opportunity to remedy the issue but were unable to do so in a reasonable time.
This is part of why diligent records of all work done on your car is so important. While you have to hope that arbitration will agree with you that your car meets all the qualifications of a lemon, there is a chance that they won’t.
If the manufacturer and the arbitrator both reject your claims, you do have the final option of pursuing legal action under the lemon laws of Kentucky. It is recommended, however, that you consult an attorney first before seeking a civil lawsuit, as chances are not great that your third attempt will be any more successful than your first two efforts.
THE BEST USED SUVS UNDER $10,000
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