In 1986, the Kentucky legislature enacted the Kentucky Lemon Law with the express purpose of providing more extensive protection to the purchasers and lessees of automobiles that have not been repaired despite the manufacturer of these vehicles being provided with a reasonable number of attempts to do so. The Kentucky Lemon Law dictates that if the manufacturer fails to timely repair the vehicle, by and through its dealers, that the owner or lessee of the vehicle may seek a refund for their purchase or a replacement vehicle. Furthermore, the law makes clear that the buyer or lessee may decide which relief is best suited for them. As such, if the manufacturer has violated the Kentucky Lemon Law, you have your choice as to whether you would like a refund for your purchase or a replacement vehicle. Importantly, the Kentucky Lemon Law also provides that you may recover your attorneys’ fees if you prevail. This way, you should be able to retain an attorney who is willing to rely on the fee-shifting provisions of the Lemon Law to be paid instead of asking you for an upfront retainer or asking you to pay them as they work on your case. Finally, and most importantly, if you retain the attorneys at Krohn & Moss, Ltd. Consumer Law Center® to represent you, they will only get paid if you get a recovery. If you lose your case, they will never send you a bill for their time. This way, the attorneys at Krohn & Moss, Ltd. Consumer Law Center® have as much at stake as you do in the outcome of your case.
What Constitutes a Reasonable Number of Repair Attempts?
According to the Kentucky Lemon Law, a buyer or lessee of a motor vehicle must only provide the manufacturer, by and through its dealers, with four (4) repair attempts or a total of thirty (30) days to repair the vehicle within the vehicle’s first twelve (12) months or 12,000 miles. If your vehicle meets this standard, the vehicle is presumed under the law to be a lemon. However, even if your vehicle was not subject to repairs four (4) times or thirty (30) days in its first twelve (12) months or 12,000 miles, it may still be a lemon as determined by federal law. Pursuant to the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301, et. seq., a warrantor of a consumer product must comply with its obligations in its warranty, i.e., the repair of defects, throughout the entire duration of the warranty. Accordingly, if your car, truck, SUV, or other consumer product has been subject to repairs outside the vehicle’s first twelve (12) months or 12,000 miles, you may still have a claim under the federal Lemon Law. To determine which laws you qualify for and what relief is best for you, it is essential to contact an experienced Lemon Law attorney.
Time to Bring a Claim
There are two (2) different clocks that are ticking making it very important that you consult with a Kentucky Lemon Law attorney as soon as possible to best protect your rights. For starters, the Kentucky Lemon Law only provides consumers with two (2) years from the date the vehicle was delivered to you to pursue a claim for a violation of the Lemon Law. If you have missed this deadline, do not give up hope. The federal Magnuson-Moss Warranty Act provides consumers with up to four (4) years to pursue a claim for breach of warranty from the date of the breach, i.e., when the manufacturer broke its promise to repair your vehicle. To ensure that you don’t miss any of these deadlines, contact the experienced Lemon Law attorneys at Krohn & Moss, Ltd. Consumer Law Center® who will provide you with a free case review and counsel you on your rights.
Proving a Lemon Law Claim
Generally the Kentucky Lemon Law requires that the consumer prove the defect or nonconformity they are experiencing with their vehicle substantially impairs the vehicle’s use, value, or safety. This is not as daunting of a task as you might think. Using a vehicle is not just going from point A to point B. Rather, when you spend good money to buy a new vehicle, you expect it to be new in every respect and to provide you with reliable, comfortable, and dependable transportation. If you do not have these things, your use has obviously been substantially impaired. Further, if the vehicle is so fraught with defects that it does not operate properly, you are not getting what you paid for. Not only is your use impaired, but the value of the vehicle is also likely diminished, as well. Finally, while it is not required that the vehicle be unsafe to recover under the Kentucky Lemon Law, if your vehicle is unsafe, you should qualify for relief. Any safety defect or nonconformity is substantial when it jeopardizes the well-being of your family and friends. Obviously these three areas may also overlap, and this may strengthen your case under the Kentucky Lemon Law.
The Kentucky Lemon Law mandates that if you meet the legal requirements of the law that the manufacturer must either replace the vehicle with a comparable one or refund your money, at your option. A refund means that you are entitled to all monies paid for the vehicle, including sales tax, finance interest charges, registration fees, and any other collateral charges for the vehicle. From this total, however, the manufacturer is entitled to subtract a reasonable offset for your use of the vehicle. You may also be entitled to cash compensation under federal law, if you don’t meet the requirements of the Kentucky Lemon Law. Either way, whether your case is pursued under state or federal lemon laws, both lemon laws provide that you may seek your attorneys’ fees directly from your vehicle’s manufacturer. If you retain the attorneys at Krohn & Moss, Ltd. Consumer Law Center® they will use these laws to their fullest extent and they will only take a fee if you win or settle your case. If you believe you have a claim against your vehicle’s manufacturer don't delay. You should consult the experienced attorneys at Krohn & Moss, Ltd. Consumer Law Center® for a free consultation.