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Kentucky Lemon Law: Do You Qualify?

Under the KRS 367.840 to 367.846 (Kentucky New Motor Vehicle Lemon Law).

Kentucky’s lemon law covers a new motor vehicle bought or leased in Kentucky by a resident. If, within the first 12,000 miles or 12 months after delivery, whichever is earlier, the manufacturer or its agents cannot repair a defect that substantially impairs the vehicle’s use, value, or safety after a reasonable number of attempts, the buyer may choose a comparable replacement or a refund of the full purchase price. Kentucky presumes a reasonable number of attempts after four repairs of the same defect that still exists, or 30 calendar days out of service for it, within that period. The manufacturer may still raise the affirmative defenses the statute names, and a dispute about the refund or replacement must go through the manufacturer’s dispute resolution system before suit. If your car keeps coming back unfixed, you may qualify; the free checker applies these rules to your answers.

Kentucky lemon law at a glance

Coverage window
The first 12,000 miles of operation or the first 12 months after delivery, whichever is earlier (KRS 367.842(1)).
Repair attempts
A reasonable number of attempts is presumed when the same nonconformity has been subject to repair 4 or more times by the manufacturer and still exists. The statute states no separate count for safety defects.
Days out of service
A cumulative total of at least 30 calendar days out of service for repair of the same nonconformity. The period is extended by a reasonable time when parts or supplies are unavailable because of war, invasion, civil unrest, fire, flood, or natural disaster.
Defenses
It is an affirmative defense that the problem does not substantially impair the use, value, or safety of the vehicle, or that it results from abuse, neglect, or unauthorized modification or alteration by the buyer (KRS 367.842(2)).
Written notice
If the manufacturer or its agents cannot repair the nonconformity after a reasonable number of attempts within the first 12,000 miles or 12 months, the buyer must report it to the manufacturer in writing. The statute sets no deadline, form or delivery method and does not say what follows if no report is made.
Dispute resolution first
A refund or replacement dispute must be resolved through the dispute resolution system under KRS 367.860 to 367.870, or a federal Part 703 system, and that remedy must be pursued before seeking any judicial relief. Each manufacturer adopts its own system.
Who and what is covered
A resident who buys, contracts to buy, or leases a new motor vehicle in Kentucky; for a lease, "buyer" means the lessor, lessee, or both. Motor homes, motorcycles, mopeds, farm tractors and farm machines, vehicles with more than two axles, and vehicles substantially altered after their first sale from a dealer to an individual are excluded (KRS 367.841).
Used vehicles and later owners
The Act covers a new motor vehicle "on which the original title has never been issued" (KRS 367.841(4)). It does not say that a used vehicle or a later owner is covered. Other rights are not limited (KRS 367.842(6)).
Deadline to sue
Two years after the date of original delivery of the new vehicle to the buyer (KRS 367.842(8)).
What you can recover
A comparable replacement or a refund of the amount paid, finance charge, all sales tax, license and registration fees, similar governmental charges and all collateral charges, less a reasonable allowance for your use. The motor vehicle usage tax is refunded by the department that received it (KRS 138.460(10), (11)).
Business use
KRS 367.841 and 367.842 state no personal-use limit. But the court action is brought under KRS 367.220, which reaches a person who buys or leases "primarily for personal, family or household purposes" (KRS 367.843, 367.220(1)), and the dispute-system definition of a motor vehicle is limited the same way (KRS 367.860(3)). The Act does not say how business use affects a claim; an attorney can assess it.
Other rights
The section does not limit rights or remedies under any other law, and an agreement that waives, limits, or disclaims its rights is void as contrary to public policy (KRS 367.842(6), (7)). It creates no liability or cause of action against a dealer (KRS 367.842(5)). Noncompliance by a manufacturer is unlawful and the Attorney General may enforce (KRS 367.845, 367.870).

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Kentucky lemon law: frequently asked questions

How many repair attempts does the Kentucky lemon law require?
Four or more repairs of the same nonconformity by the manufacturer within the first 12,000 miles or 12 months after original delivery, whichever is earlier, with the defect still existing, create a presumption that a reasonable number of attempts were made (KRS 367.842(3)(a)). Thirty calendar days out of service for the same nonconformity create it too (KRS 367.842(3)(b)). The law states no separate count for safety defects, and the manufacturer may raise the affirmative defenses of KRS 367.842(2).
Do I have to go to arbitration before suing in Kentucky?
A dispute about refund or replacement must be resolved through the dispute resolution system under KRS 367.860 to 367.870, or a 16 C.F.R. Part 703 system, and that remedy must be pursued before seeking any judicial relief (KRS 367.842(4)). The system is a procedure adopted by each manufacturer, which may take part in one run by an impartial third party (KRS 367.860(5), 367.865(6)). The decision binds the manufacturer, but binds you only if the manufacturer has elected a system binding on all buyers and you sign the statutory disclosure before submitting (KRS 367.865(2), (3)). The manufacturer shall not refuse a dispute from the first two years or 25,000 miles of your ownership (KRS 367.865(1)(b)).
How long do I have to sue under the Kentucky lemon law?
Any action under KRS 367.842 must be commenced within two years after the date of original delivery of the new vehicle to the buyer (KRS 367.842(8)). The statute does not say whether the dispute process pauses that deadline, and the court action is brought under KRS 367.220, which has its own periods (KRS 367.220(5)). Other rights and remedies are not limited (KRS 367.842(6)).
Does the Kentucky lemon law cover used cars, later owners, motorcycles or motor homes?
It covers a new motor vehicle, one on which the original title has never been issued; a later owner buys a vehicle that has been titled. Motor homes, motorcycles, mopeds, farm tractors and farm machines, vehicles with more than two axles and vehicles substantially altered after their initial sale from a dealer to an individual are excluded (KRS 367.841(3), (4)). A lease of a new vehicle is covered: "buyer" means the lessor, lessee, or both (KRS 367.841(1)).
What can I recover?
At your option, a comparable replacement vehicle or a refund of the full purchase price: the amount paid, finance charge, all sales tax, license and registration fees, similar governmental charges and all collateral charges, less a reasonable allowance for your use (KRS 367.842(2)). The statute does not define collateral charges or give a formula for the allowance. A court may award reasonable attorney’s fees to a prevailing plaintiff (KRS 367.842(9)); KRS 367.220(3) also lets the court award fees and costs to "the prevailing party".

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Statutes cited on this page

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