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Reasonable time to wait for offer under KY Lemon Law

Discussion in 'Car Sales, Dealers, Repairs, Lemon Law' started by Ollonii, Sep 18, 2023 at 1:16 PM.

  1. Ollonii

    Ollonii Law Topic Starter New Member

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    Jurisdiction:
    Kentucky
    As I understand it, under the Kentucky Lemon Law, a vehicle is a "Lemon" if it's been out of service for 30 days, or more, for the same issue. In my case, the car has been at the dealership for 53 days so far (and we've only owned it for 107 days). The most recent "repair attempt" has lasted 34 days and counting. The problem was first reported 2 days after we bought the car.

    Although I did not inform the manufacturer by certified mail that my vehicle is a lemon, the national customer service center representative dealing with the case for the last two months has acknowledged the car qualifies as a lemon per the KY statute and has said they will buy the car back per the statute. The problem is the endless delays - the manufacturer is just giving us the run-around.

    What is a "reasonable" time to wait for an offer from them? Is there no obligation on their part to act within some time period? The law says I have to go through two rounds of mediation (two offers) but if they don't respond in a timely fashion, what recourse do I have? We paid for the car outright and can't afford to buy another car without getting our money back.

    Thank for any advice.
     
  2. Zigner

    Zigner Well-Known Member

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    Do NOT rely on anyone else to comply with requirements that are placed on YOU. If YOU need to notify the manufacturer in writing, then YOU do so by certified mail, return receipt requested.
     
  3. Ollonii

    Ollonii Law Topic Starter New Member

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    Fair enough. Still, what is a reasonable response time?
     
  4. Zigner

    Zigner Well-Known Member

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    30 days
     
  5. Ollonii

    Ollonii Law Topic Starter New Member

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    Per interaction? Wow.

    Thank you.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    You appear to be correct about the time line. See 367.842(3):

    Kentucky Lemon Law Statutes 367.840 KRS to 367.846 & 367.860 to 367.870 (autopedia.com)

    However, according to the statute 357.842(2):

    It shall be an affirmative defense to any claim under this section that:
    (a) The nonconformity, defect, or condition
    does not substantially impair the use, value, or safety of the motor vehicle;

    What is the issue and how does it substantially impair the use, value, or safety of the vehicle?

    Provide facts, not feelings.

    So far, I don't see anything in the statute that requires written notice by certified mail, but it would probably be a good idea to send a letter demanding immediate satisfaction.

    Keep in mind your option for contacting the state's attorney general under 367.845. I would certainly do that if I were you.
     
    Zigner likes this.
  7. Zigner

    Zigner Well-Known Member

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    The law requires written notice. It is generally difficult to prove that one sent written notice without proof of sending.
     
  8. Ollonii

    Ollonii Law Topic Starter New Member

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    Yes, I believe I do have to notify the manufacturer in writing. I requested the appropriate address from both the dealer and the manufacturer. Although both said they'd get back to me with it, neither did. I have since driven 50 miles to pick up a booklet at the dealership and will write today.

    You also asked about the issue. The problem is that the vehicle randomly resets the dashboard instrumentation and quite a few of the console systems. Some console systems are also then turned off. In particular, the climate control system is reset an turned off. This usually happens when the car has been turned off for awhile - about 75% of the mornings but it has happened as many as 3 times in a day, that I've seen. I've never noticed it happen while driving, but I've never driven more that about 50 miles per trip in it.

    Some might say that this is not a safety issue but I think it is for elderly people or those with young children or pets. Certainly one of the reasons for buying this car (or package of features) was the advertised Remote Start feature. What is the purpose of Remote Start if it's not to manage cabin conditions before using the car in extreme heat or cold? Certainly, this issue, if revealed to a customer, would significantly affect the value of the vehicle.

    In any case, doesn't advertising and promoting the feature create an implied warranty, even if there is no express warranty? And doesn't failure to redress the issue in a reasonable period (30 days, according to the law) mean the manufacturer is in breach of warranty?

    Finally, I note that the law stipulates:

    "To require manufacturers to provide, in as expeditious a manner as possible..."

    How should this be interpreted and has it already been adjudicated?

    Thanks. I'm just trying to understand the law. Aside from my role in this case, it's an interesting case study to me.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    What you have to understand is that a "law" doesn't "prevent" anybody from failing to comply with it. All it does is give you a method of seeking redress which is often by suing, unless, as with this law, the law requires another process in lieu of a lawsuit.

    Either way, at this point, you would be wise to consult with a lemon law attorney.
     
  10. Ollonii

    Ollonii Law Topic Starter New Member

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    Yes. I get it. I guess I was really wondering if I have cause for an action or whether I have to take specific steps first.

    I think your advice is sound. Thank you.
     

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