There is a lot of bargaining that goes on when you buy a car. Some
folks thrive on the interaction with a car salesperson. Typically this
is the kind of person who shows up at the dealership armed with all
kinds of internet research about their favorite car and what they can
expect to pay for that auto.
Other "less prepared" buyers might be steered down a road they really
don't want to travel on. The bottom line is that once you make a
purchase with a car dealer, their job is done. If the car you just
bought turns out to be a lemon, the dealer is right to throw up his
hands declaring "not my problem." According to the Kentucky Lemon Laws
your issue will be with the auto manufacturer and not the dealer.
The Kentucky legislature worked hard on devising their lemon law
statues. The specifics can be found in the Kentucky Revised Statutes
Chapter 367, sections 840 through 846. Those statues provide for a free
dispute resolution system. The decision of those proceedings is binding
for the manufacturer, but not the car buyer. That means even if things
don't go your way, you still have the right to enter into a formal
lawsuit against the car maker. However, those expenses will be coming
out of your pocket. Before that, you should make use of the benefits
under the Kentucky Lemon Laws.
Kentucky Lemon Law Qualifications
In Kentucky, before you can claim your car to be a lemon it has to meet
certain conditions. The law went into effect in 1998 and deals with new
vehicles that are intended for "personal, family or household
purposes." The vehicle in question also has to have four wheels which
takes motorcycles off the table. Also excluded are RVs and farm
equipment. The issue causing your car to break down also needs to have
occurred within the first two years of ownership or the 25,000 miles.
Obviously, you must also be a Kentucky resident and have purchased the
car in Kentucky. That might go without saying, but lawyers like to have
everything spelled out!
It will take four trips to your mechanic for the same problem to have
your car considered a lemon. If your car was also out of commission for
30 days or the diagnosed defect is a life threatening issue then you
can jump right to the arbitration hearing.
Kentucky Lemon Law Process
When it has been deemed by your certified mechanic that the defect with
your car is the result of a manufacturer problem then you will need to
immediately notify the car maker with a certified written letter.
Under Kentucky Lemon Law, it is the responsibility of the manufacturers
to have a fair arbitration proceeding already established that meets
with state guidelines. After presenting your records of repairs and
break-down history to the arbitration board they will issue a ruling.
If the ruling is in your favor, you have the right to a replacement car
or a refund. The choice will be yours.
As you enter into these proceedings, the office of the Kentucky
Attorney General will offer whatever support you need. Because the
arbitration hearings are considered "informal" you won't need to be
represented by a lawyer.