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Kentucky Lemon Law

Kentucky Lemon Law State Statutes

If you are searching for answers about the Kentucky automobile lemon law, the Magnuson-Moss Warranty Act (the federal lemon law), or the lemon law process generally, right here right now is the place to be. You can read the Kentucky lemon law on new cars (below) to learn the Kentucky lemon law definition and presumptions, or you can just connect with a free Kentucky lemon law attorney who will evaluate and enforce your Kentucky Lemon law rights at no cost to you. The Kentucky car lemon law, by CarLemon.com, your one stop lemon law inforsource.

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Kentucky Lemon Law Rights

Kentucky Revised Statutes, Consumer Protection, Chapter 367, Section 840

Kentucky Lemon Law 367.840 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) 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) 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) 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.

Kentucky Lemon Law 367.841 Definitions.

(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) “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) “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:

(a) Any vehicle substantially altered after its initial sale from a dealer to an individual;

(b) Motor homes;

(c) Motorcycles;

(d) Mopeds;

(e) Farm tractors and other machines used in the production, harvesting, and care of farm products; or

(f) Vehicles which have more than two (2) axles.

(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) “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) “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) “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.

Kentucky Lemon Law 367.842 Options of buyer.

If manufacturer unable to repair nonconformity in new motor vehicle; Rights of lien holder; Resolution of disputes; Dealer not liable.

(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) 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 lien holder, 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 lien holder, unless the lien holder 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 lien holder 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:

(a) The nonconformity, defect, or condition does not substantially impair the use, value, or safety of the motor vehicle; or

(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) 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:

(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

(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.

(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.

(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.

(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.

(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.

(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.

(9) A court may award reasonable attorney’s fees to a prevailing plaintiff.

Kentucky Lemon Law 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.

Kentucky Lemon Law 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).

Kentucky Lemon Law 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.

Kentucky Lemon Law 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.

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  1. I bought a car yesterday from a dealer ship it said 4w4 but my four wheel drive is not working i live in Kentucky in i need to no the lemon law can you please help me

    • Lemon laws apply to vehicles with warranties. If you bought it “as is,” you can likely revoke acceptance under the Kentucky Commercial Code. Google “Kentucky Commercial Code Revocation of Acceptance” for the elements, and then bring your case in small claims court.

  2. I bought a car about a month ago little did I know that the dealer covered up check engine lights brake lights and abs lights with tape then there is a short I the wiring that made it so my brake lights don’t work very very costly stuff to fix and I knew nothing of any of it is there any law that will help me

  3. If I report the problem with my leased car prior to the 12k miles and subsequent repairs are after the 12k mark does that void the lemon law?

  4. If I bought the suv in KY but had it serviced in TN…. Which laws do I need to look at? I live in KY also.

  5. I bought a 96 Toyota Camry Saturday and the add said nothing was wrong with the car so me and my husband went a.d looked at it at a car lot and drove it around and when we got back on the lot my husband checked it out under the hood and the oil was like very clean so we figured they done a oil change so I bought it as is a d then Monday I drove it I into town and later that afternoon the oil light was flashing so when I got to my husband he checked it and said it was dry no oil so he went and 3 quarts and put them in and within 3 to 4 hours later I went to a mechanic and found out it was dry again and the mechanic said The front main seal and oil pan gasket is leaking. Cant keep oil in car. Valve cover gasket is leaking as well. What can I do?

  6. I purchased a used vehicle from the Nissan dealership. 2011 maxima. quite a few problems they have fixed but one they still cant fix. It is the cruise control. Sometimes works and sometimes doesn’t. They have had it 4 times and still can’t find the problem. I bought it this way. They said they would fix it when I bought it. They have been putting the repairs on the extended warranty I bought which I thought was a little shady since it was that way when I bought it. I have had it 9 months and put 20000 miles on it. Do I have any legal rights? Would appreciate any help / advice.

    • Lemon law won’t apply, but you may have rights under TILA or EFTA attendant to your purchase. Give us a call and let’s see what we can do, no cost or obligation, just a free attorney review.

  7. Hi, I bought a 2006 Keep Commander for a little over 10,000 and not even a week later I had to get a new radiator. $400. The dealership where I purchased it from said they would only cover half. The oil light has been on since a week after also and one repair shop said it needs a new motor. I’m in the process of getting a second opinion but I know something is wrong because it drives badly. It seems maybe like it won’t shift gears correctly. I traded in my car 2010 impala and hot a trade in value of 8,500. I can’t afford to pay for car and get it fixed, I also purchased an extended warranty for $322. What can I do? The dealership has been telling me everyday for a week that the manager (whom I need to speak with) isn’t available. I need help, is this a lemon??

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