Lemon Law

Whats the time frame? Was there any flooding in either of these States about that time frame?

 

See, that's funny because the accident I had in my Tacoma shows up and it was only a year ago.

 

Honestly, I can't remember the dates. I want to say it is shown being owned from April 2014 through July of this year and being sold in at auction in August. He bought in September

 

It all goes by the dealers or repair shops to put it into the system. I just traded my 14 TRD OR in on my 17 TRD OR and every service popped up on Carfax when I traded it in that had been done.

 

Have him pull some of the interior trim carpet and look for any water damage

 

Parts of Indiana has had some major flooding over the past few years....

 

That's what I was thinking. Sounds like classic water damage

 

http://www.weather.gov/lmk/July10-15Severe

Was the Truck in any of these areas? This was close to Ky

 

If this was a flooded Vehicle and not told of such he could have some recourse

 

Could be, especially if it should have had a salvage title.

 

Need to trace the VIN through the States insurance data base in both Ky and Indiana

 

You need to look up what lemon law is and how it works

 

This has been established I think now we are in the History of the vehicle to see if there is other recourse....

367.840 KRS 367.841 to 367.844 to be construed liberally — Purposes.

KRS 367.841 to 367.844 shall be liberally construed and applied to promote the underlying purposes of KRS 367.841 to 367.844, which purposes are:

1. (1) To protect consumers who buy or lease new motor vehicles that do not conform to applicable warranties by holding manufacturers accountable for certain nonconformities;
2. (2) To limit the number of attempts and the amount of times that a manufacturer or its agents shall have to cure such nonconformities; and
3. (3) To require manufacturers to provide, in as expeditious a manner as possible, a refund, not to exceed the amount in KRS 367.842, or replacement vehicle that is acceptable to the aggrieved consumer when the manufacturer or its agents fail to cure any nonconformity within the specified limits.

367.841 Definitions.

1. (1) “Buyer” means any resident person who buys, contracts to buy, or leases a new motor vehicle in the Commonwealth of Kentucky. In the case of the lease of a new motor vehicle, “buyer” shall mean the lessor, lessee, or both.
2. (2) “Manufacturer” means any person or corporation, resident or nonresident, who manufactures or assembles new motor vehicles, including new conversion van manufacturers, which are sold in the Commonwealth of Kentucky.
3. (3) “Motor vehicle” means every vehicle which is self-propelled, and which is intended primarily for use and operation on the public highways and required to be registered or licensed in the Commonwealth prior to such use or operation; however, “motor vehicle” shall not include:
   1. (a) Any vehicle substantially altered after its initial sale from a dealer to an individual;
   2. (b) Motor homes;
   3. (c) Motorcycles;
   4. (d) Mopeds;
   5. (e) Farm tractors and other machines used in the production, harvesting, and care of farm products; or
   6. (f) Vehicles which have more than two (2) axles.
4. (4) “New motor vehicle” means a motor vehicle which has been finally and completely assembled and is in the possession of a manufacturer, factory branch, distributor, wholesaler, or an authorized motor vehicle dealer operating under a valid sales and service agreement, franchise, or contract for the sale of such vehicle granted by the manufacturer, factory branch, distributor, or wholesaler which is, in fact, new and on which the original title has never been issued.
5. (5) “Express warranty” or “warranty” means the written warranty, so labeled, of the manufacturer of a new automobile, including any terms or conditions precedent to the enforcement of obligations under the warranty.
6. (6) “Nonconformity” means a failure to conform with an express warranty in a manner which substantially impairs the use, value, or safety of the motor vehicle.
7. (7) “Reasonable allowance for use” means the amount directly attributable to a consumer’s use of the vehicle other than those time periods when the vehicle is out of service due to the nonconformity.

367.842 Options of buyer if manufacturer unable to repair nonconformity in new motor vehicle — Rights of lienholder — Resolution of disputes — Dealer not liable.

1. (1) If, after a reasonable number of attempts, the manufacturer or its agents are unable to repair the nonconformity in the motor vehicle to the express warranty during the first twelve thousand (12,000) miles of operation or during the first twelve (12) months following the date of delivery to the buyer, whichever is the earlier date, that buyer shall report the nonconformity, in writing, to the manufacturer.
2. (2) If, within the period specified in subsection (1) of this section, the manufacturer or its agents, are unable to repair or correct any nonconformity or defect that substantially impairs the use, value, or safety of the motor vehicle, after a reasonable number of attempts, the manufacturer, at the option of the buyer, shall replace the motor vehicle with a comparable motor vehicle, or accept return of the vehicle from the buyer and refund to the buyer the full purchase price. The full purchase price shall include the amount paid for the motor vehicle, finance charge, all sales tax, license fee, registration fee, and any similar governmental charges plus all collateral charges, less a reasonable allowance for the buyer’s use of the vehicle. Refunds shall be made to the buyer and lienholder, if any, as their interests may appear on the records of ownership kept by the Department of Vehicle Regulation. The provisions of this section shall not affect the interests of a lienholder, unless the lienholder consents to the replacement of the lien with a corresponding lien on the automobile accepted by the consumer in exchange for the automobile having a nonconformity, the lienholder shall be paid in full the amount due on the lien, including finance charges and other charges, before an exchange of automobiles or a refund to the consumer is made. It shall be an affirmative defense to any claim under this section that:
   1. (a) The nonconformity, defect, or condition does not substantially impair the use, value, or safety of the motor vehicle; or
   2. (b) The nonconformity, defect, or condition is the result of abuse, neglect, or unauthorized modification or alteration of the motor vehicle by the buyer.
3. (3) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranty if, within the first twelve thousand (12,000) miles of operation or during the period of twelve (12) months following the date of original delivery of the motor vehicle to the buyer, whichever is the earlier date:
   1. (a) The same nonconformity, defect, or condition has been subject to repair four (4) or more times by the manufacturer, but such nonconformity, defect, or condition continues to exist; or
   2. (b) The vehicle is out of service/use by reason of repair of the same nonconformity, defect, or condition for a cumulative total of at least thirty (30) calendar days. The time period described in this paragraph shall be extended by a reasonable time when a vehicle cannot be repaired due to the unavailability of parts or supplies as a result of war, invasion, civil unrest, fire, flood, or natural disaster.

1. (4) Disputes arising under subsection (2) of this section concerning refund or replacement shall be resolved through the dispute resolution system established under either KRS 367.860 to 367.870, or 16 C.F.R. part 703. Such remedy shall be pursued prior to seeking any judicial relief under KRS 367.843.
2. (5) Nothing in this chapter may be construed as imposing any liability on a dealer or creating a cause of action by a consumer against a dealer.
3. (6) Nothing in this section shall in any way limit the rights or remedies which are otherwise available to a buyer under any other law.
4. (7) Any agreement entered into by a buyer for the purchase of a new motor vehicle which waives, limits, or disclaims the rights set forth in this section shall be void as contrary to public policy.
5. (8) Any action brought pursuant to this section shall be commenced within two (2) years after the date of original delivery of the new motor vehicle to the buyer.
6. (9) A court may award reasonable attorney’s fees to a prevailing plaintiff.

367.843 Action for relief by purchaser.

Any person who purchases a motor vehicle and thereby suffers any ascertainable loss of money or property, real or personal, as a result of a violation of KRS 367.842, may bring an action under the provisions of KRS 367.220 for relief.

367.844 Manufacturer prohibited from exposing franchised dealer to liability.

No manufacturer shall, directly or indirectly, by any means or methods, expose or attempt to expose any franchised dealer to liability as forbidden in KRS 367.842(4) and (5). Any violation of this section shall be subject to all applicable provisions of the law, including but not limited to the provisions of KRS 190.062(2).

367.845 Enforcement of provisions of KRS 367.842 to 367.844 by Attorney General.

Noncompliance with the provisions of KRS 367.842 to 367.844 by a manufacturer shall be unlawful. The Attorney General shall have authority to enforce KRS 367.842 to 367.844 in accordance with powers provided by KRS 367.190 and 367.230, pertaining to acts declared unlawful by KRS 367.170. Any expenses accruing to the Attorney General from the provisions of KRS 367.842 to 367.844 shall be assessed by his office upon the motor vehicle manufacturer involved in any action cited in the provisions herein.

367.846 Application of KRS 367.840 to 367.845.

KRS 367.840 to 367.845 shall apply to new motor vehicles purchased after July 15, 1986, and to motor vehicles leased after July 15, 1998.

 

Thanks for the great info.

 

I've told him to look for water damage when he gets it back.

 

From what you describe it does not fall under the lemon law. The lemon law applies when its the same repair, not different things. So the window would have to be repaired 3 times and the outlet 3 times etc. Many repairs of different items does not count.

 

That was my understanding from reading the law. I spoke to the dealer I always deal with and was basically told the same thing. He has decided to trade once he gets back even though he's going to lose his ass on it.

 

I'd check for rust on the undercarriage. Also if he can find a non-obvious place to pull the interior carpet up to see if rust and/or mold is present. I'd do it behind the front seats because people spill crap in the front area of their cars for the most part.

 

Or better yet take it to a mechanic and have him inspect it for signs of flood damage. If it wasn't salvage titled when it should have been, this can be traced back. That's a bigger crime than rolling an odometer back or replacing an engine and not resetting the odometer to the mileage of a salvaged replacement engine.

Also if you get a mechanic involved, this should constitute a disinterested outside third party/expert. That would go a long way in court or arbitration.

 

Getting law advice from an Internet forum isn't the best idea. Best consult with a lawyer