Want your money back or a new vehicle to replace your lemon? Understanding the Kentucky Lemon Law can help. Knowing how to use it is even better. This How-To guide can help you get rid of your lemon motor vehicle.
1
What can the Kentucky Lemon Law do if I have a lemon vehicle?
Under the right circumstances, it can make the manufacturer replace or buy it back if your vehicle had a defect that substantially impaired the use or value or safety of the vehicle and that was not, or could not, be fixed in a timely manner.
2
What vehicles are not covered by the Kentucky Lemon Law?
The Kentucky Lemon Law only covers cars, trucks and vans. Other vehicles such as Rv’s, motorcycles, and boats are not covered by this state lemon law. But you may still have lemon law rights under the federal Lemon Law (technically called the Magnuson Moss Warranty Act), if your product was designed for consumer use. This federal Lemon Law requires the manufacturer to repair a warranty-covered defect within a reasonable amount of time and a reasonable number of chances. You can read about it at this How-To Guide: How to Get Rid of a Lemon Rv or a Lemon Motorhome, http://www.avvo.com/legal-guides/ugc/how-to-get-rid-of-a-lemon-rv-or-a-lemon-motorhome
3
How do I know if I have a lemon?
The manufacturer's dealer is only allowed a limited number of chances to repair defects in your vehicle. If one or more of the following circumstances occurs within the first year or 12,000 miles of operation, then the manufacturer (through its repairing dealer) is automatically presumed to have made a reasonable number of attempts to repair the vehicle, and you've got a lemon. A lemon motor vehicle in Kentucky is one where: the same defect has been repaired 4+ times and isn't fixed, or it's been out of service for a total of 30+ days.
4
I think I have a lemon, so what do I do now?
Contact the manufacturer directly and start negotiating. Write a letter, write an email, send a fax, make a phone call. And make notes of everything as it happens. And send copies to the dealer too. If the problem has not been fixed and you meet any one (or more) of the definitions of a lemon vehicle, ask them to replace it or buy it back. You get your choice. If they won't do it, then you may want to complain to the Kentucky Attorney General's Consumer Protection Office or contact a private attorney. Make notes of everything that you say to them and they say to you, so you have a record in case you need it later.
5
The manufacturer wants to charge me for my mileage (a "usage fee"), do I have to do that?
Yes, but the amount is negotiable. In Kentucky there a deduction is allowed for the use you actually got out of the vehicle (not the time it was broken down in the shop), but it is all negotiable so you can expect they may ask you to do that in order to get a quicker settlement. It's up to you to decide how much you are willing to go along with.
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