Is There a Lemon Law in Kentucky?

Buying and driving your new car should be a fun and exciting experience. However, if you spend more time at the repair shop than enjoying your new vehicle, you might have purchased a “lemon." According to AutoGuide, lemon law statistics include some of the best known and loved car brands such as Porsche, Jeep, and Volkswagen.

Buying a lemon car can be the beginning of a long, expensive, and aggravating ordeal.
If you recently bought a defective car, you might wonder whether there is a lemon law in Kentucky. The answer is yes. Kentucky has laws that protect buyers of lemons. Therefore, if you bought a defective vehicle in Kentucky, you do not have to put up with it. You could qualify for a settlement, refund, or replacement car. Our lemon law lawyers can help. Contact us now for a free consultation to learn about your rights.

What Is a “Lemon”?

A “lemon” generally describes a vehicle or other consumer product with severe manufacturing defects. Typically, a lemon car cannot be satisfactorily repaired even after several attempts. While the term “lemon” generally applies to any faulty consumer product, it mainly refers to new and defective cars. Federal and state lemon laws protect consumers from such sub-standard and potentially dangerous vehicles.

Kentucky Lemon Laws

Kentucky’s lemon laws generally protect consumers who buy a defective new car in the state. As laid out in Kentucky Revised Statutes Chapter 367, the law covers defects that substantially impair the use, safety, or value of the vehicle. However, a manufacturer is not responsible for any defects caused by neglect, abuse, or unauthorized alterations. In Kentucky, your car qualifies as a lemon if, in the first twelve months or within 12,000 miles:

Your car required repair for the same defect at least four times
You were unable to use your vehicle for a total of 30 days due to repairs for the same defect

According to the law, you are responsible for reporting the defect, in writing, to the manufacturer. If the defect cannot be fixed, the manufacturer must either replace the defective vehicle with a comparable model or buy the car back from you for a full refund of the purchase price. If the manufacturer buys back the vehicle, they can deduct a reasonable amount for your use of the car.

The Federal Lemon Law

Individuals purchasing a car in Kentucky are protected by state and federal lemon laws such as the Magnuson-Moss Warranty Act from 1975. The act typically covers purchases of new cars as used cars are generally not required to come with a warranty. According to the Magnuson-Moss Warranty Act, a vehicle warranty must include:

What and who is covered by the warranty
The warrantor’s responsibilities
The consumer’s responsibilities
Where repairs and service must be done
The expiration of the warranty
How to handle warranty disputes

The federal lemon law for cars will not apply when the damage occurs due to an accident, neglect, or modifications.

FAQs

What Should I Do if I Bought a Lemon in Kentucky?

If you purchased a new vehicle in Kentucky and tried to get it repaired several times with no improvement, the state’s lemon law states that you must notify the manufacturer in writing. Ensure to keep copies of any correspondence. If you do not receive an adequate resolution or settlement from the retailer or manufacturer, you could have legal options for recovering what you deserve. One of the best first steps after discovering that you have a lemon vehicle can be contacting a lemon law attorney who can walk you through your options and help with filing a claim for compensation, if necessary.

How Do I Know Whether I Have a Lemon?

To qualify for compensation under Kentucky’s lemon law, the following must apply:

You purchased a new car in Kentucky
You have not made any significant alterations to the car
The defect is covered under the vehicle warranty
The defect substantially impairs the vehicle’s value, safety, and use
The defect was not caused by altering, neglecting, or abusing the vehicle
You have had to repair your car at least four times within the first twelve months or 12,000 miles

You have not been able to use the car for 30 days in total due to repairs

If all of these points apply to your vehicle, you have a lemon car and could be entitled to compensation. However, even if your vehicle does not qualify under Kentucky’s lemon laws, you could have legal recourse under the federal Magnuson-Moss Act. Consider getting in touch with us and let our experienced lemon law attorneys assess your case. We could help you get what you deserve.

What Is a Substantial Defect?

To be considered a lemon under the law, a new car must have a substantial and recurring defect. A substantial defect can be anything that interferes with your vehicle’s use, safety, or value, such as a problem with the car’s motor or brake system. Minor defects and cosmetic imperfections generally do not qualify under the lemon law. However, if you are not sure whether your car defect is minor or substantial, you should seek legal advice as you could be entitled to compensation.

What Is a Lemon Law Buyback?

A lemon buyback occurs when a manufacturer agrees to repurchase your lemon vehicle. The manufacturer should refund the money you spent on either purchasing or leasing the defective vehicle, which can include:

Down-payments
Monthly payments
Costs of any service contracts
A portion of your registration expenses
Reimbursement of expenses such as towing or rental car costs
The balance of your loan
Taxes and other charges tied to a lease or purchase

Depending on your specific case, you could also recover additional damages.

What if My Car Is Out of Warranty?

You may still have a case under state or federal lemon laws even if your car’s warranty period is expired. However, to have legal recourse, the first attempts to fix your car’s defect must generally have taken place during the original warranty period of your vehicle. If your vehicle’s defect keeps recurring even after the warranty expires, you could qualify for a refund or replacement vehicle.

However, proving your case can be tricky if your car is past its warranty period. You will have to present evidence such as service records showing that the issue was present when your car was still covered under warranty and that the issue is recurring. A manufacturer might then offer to repair or replace your vehicle or issue a refund.

Does the Kentucky Lemon Law Apply to Used Cars?

Unfortunately, the lemon law in Kentucky only protects customers who have purchased new cars. However, you could have legal recourse under the federal Magnuson-Moss Act if you purchased a used car with a warranty. Moreover, your used car may still have some coverage under a dealer or manufacturer warranty.

If you own a used or older car, you could still qualify for damages under federal lemon laws. However, to preserve your chances for legal recourse, you should act quickly and contact a lemon law attorney for legal advice as soon as possible.

What Are the Potential Outcomes in a Kentucky Lemon Law Case?

The outcomes of your case can be determined by various factors such as Kentucky’s laws, the extent of the defect, and others. In a successful lemon law claim, you could receive:

Full refund
Cash settlement
Replacement vehicle
Compensation for repair expenses
Early termination costs
Attorney’s fees and other legal costs
Out-of-pocket expenses

A manufacturer or car dealership may also offer to repurchase the vehicle.

Which Types of Vehicles Are Covered Under Kentucky’s Lemon Law?

Kentucky’s lemon laws typically only protect individuals that purchased a new car. Moreover, vehicles with more than two axles, motorcycles, motorhomes, tractors, and mopeds are not covered under Kentucky’s lemon law.

However, if you purchased a vehicle or other consumer product not covered under Kentucky’s lemon laws, you could still have legal recourse under federal laws. Since state and federal lemon laws can be confusing, consider speaking to a lemon law attorney who can clarify your options and advise you on your specific situation.

When Should I Hire a Lemon Law Attorney?

While you could handle your Kentucky lemon law case on your own, it is generally a good idea to speak to an attorney before deciding on the best course of action. Consulting with an attorney as soon as you suspect that you bought a lemon law can be advantageous for your case.

How a Morgan & Morgan Lemon Law Lawyer Can Help

Our lemon law attorneys know the Kentucky and federal lemon laws and can advise you on your next best steps. We can also:

Protect your legal rights
Prevent you from leaving money on the table and accepting a lowball offer
Fight for a fair settlement, refund, or replacement vehicle
File a lawsuit against the manufacturer, if necessary

Our lemon law lawyers handle cases such as yours on a daily basis. We can fight for what you deserve if you have the frustrating experience of dealing with a lemon car. Going it alone against a global manufacturer or powerful dealership can be intimidating, and you might get bullied into receiving less than you deserve. Our attorneys will level the playing field and fight for your rights to an appropriate settlement.

A lemon might not only cause serious frustration but can also be a safety hazard for your family. We understand this and can fight vigorously for full and fair compensation.

Do I Have to Pay for My Legal Expenses and Attorney’s Fees?

If you have a successful lemon claim, the carmaker is usually responsible for paying your attorney’s fees and expenses. Morgan & Morgan’s lemon law attorneys will not charge you a dime. We recover our fees directly from the manufacturer if we win.

How Do I Find the Best Lemon Law Attorney in Kentucky?

Once you find out that you have a lemon and that there is a lemon law in Kentucky, you should look for an excellent lawyer who can represent you and fight for what you deserve. Consider taking the following steps to find a great lemon law attorney:

Asking friends and family members for referrals
Searching for lawyers on the Kentucky Bar Association’s website.
Finding lawyers and checking their credentials on databases such as Martindale-Hubbell and Avvo
Scheduling consultations with lemon law attorneys near you

Make sure you take the time to meet your potential law firm or attorney personally, as this can be the most important step. A free consultation allows you to get to know the lawyer and legal team and ask questions about your case and the lawyer’s experience.

Morgan & Morgan Can Be Here for You

As one of the largest law firms in the country, we have the resources, expertise, and determination to fight for your consumer rights and help you recover what you deserve. If you get stuck with a lemon vehicle, we can leave no stone unturned in holding manufacturers accountable and fight for fair compensation on your behalf.

Morgan & Morgan Fights for Consumer Rights

If you purchased a subpar vehicle and now wonder, “is there a lemon law in Kentucky," let us help and advise you. When buying a new vehicle, you have consumer rights and should not have to spend countless hours at the repair shop only to find the same problem surfacing again after some time. If a carmaker had several chances to do right by you and your attempts to get a refund or replacement have failed, we could get your case resolved and help you get a refund or a replacement car at no cost to you.

You do not have to struggle on your own with getting justice after buying a defective vehicle. Our lemon law attorneys are ready to take on an unethical car manufacturer and fight for what you deserve. We are not afraid to hold global corporations to account. Get started now and contact us for a free case review.

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