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Any problem that substantially impairs the use and market value of the product and warrantor is unable to make the product free form defects within a reasonable number of attempts. If you bought a malfunctioning vehicle, you may need a lemon law attorney to recover your losses.
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EVALUATION
KENTUCKY Lemon Law:
Ky. Rev. Stat. Ann. §§ 367.840 to 367.845; 367.860 to 367.870
(West)
Vehicles covered: Vehicles primarily for use on highways, required
to be registered or licensed in-state prior to use; excludes any
vehicle substantially altered after its initial sale from a dealer to an
individual, motor homes, motorcycles, mopeds, and farm machinery
including tractors or vehicles with more than two axles
(§ 367.841(3)).
Persons covered: Residents who buy, contract to buy, or lease, a
new motor vehicle in-state (§ 367.841(1)).
Period covered: Whichever comes first: 12,000 miles or twelve
months from date of delivery (§ 367.842(3)).
Disclosure requirements: Manufacturer must notify the buyer of
the arbitration system at the time the dispute arises (§ 367.865(4)).
Required consumer notice: In writing to the manufacturer
(§ 367.842(1)).
Repair requirements: It is presumed that a reasonable number of
attempts have been made if the same nonconformity is subjected to
four or more repairs, or the vehicle is out of use/service for a
cumulative total of thirty or more calendar days (§ 367.842(3)).
Affırmative defenses: The nonconformity does not substantially
impair the use, value or safety of the vehicle, or is the result of the
consumer’s abuse, neglect, or unauthorized modifications or alterations
(§ 367.842(2)); statute of limitations (§ 367.842(8)).
Replace/refund: At the consumer’s option, the manufacturer shall
replace with a comparable motor vehicle, or accept a return and
refund the full purchase price less a reasonable allowance for use
(§ 367.842(2)).
Other reimbursement: Full purchase price, including amount paid,
finance charge, sales tax, license fee, registration fee, other government
fee, and all collateral charges; refunds to the consumer and
lienholder (§ 367.842(2)). Attorney fees (§ 367.842(9)).
Other remedies: There is no limit on other consumer remedies
(§ 367.842(6)). No cause of action created against dealer
(§ 367.842(5)).
Informal dispute resolution: For remedies under this section a
consumer must use the manufacturer’s informal dispute settlement
procedure, provided the procedure complies with 16 C.F.R. pt. 703
(§ 367.842(4)). The decision shall bind the manufacturer, but not
bind the buyer (§ 367.865(2)).
Resale of lemon: No applicable provisions.
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