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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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34 comments

  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.

      • I purchased a Brand new Dodge Ram Hemi from a dealer here in Ky. It had 800 miles when my wife and I took it on vacation. 1,300 miles later when we reached our location we ventured out for dinner, I started it and the engine was making some horrible noise. I was able to get it to a dealer a sap and was told the lifters had gone bad. The dealer we took it to kept it for two days, we were finally authorized a rental but the vacation had a day and a half left and time to head home. The truck was fixed, question is what if anything can I do with getting rid of this truck now, after all ” a truck with less than 2,400 miles needing new lifters. I am taking truck back to purchase dealer in the morning.

        • Hi David, I am wondering if you received an resolution to this problem with the Dodge Ram? My son bought a 2012 used has had it for a little under 3 years and the engine blew. He is now stuck paying for a truck he can not drive and he does not have $5000 for a new engine. I am getting a hold of the dealership in the morning. I have heard of so many people having problems with the Dodge Ram’s.

  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??

  8. i have a 2015 jeep Cherokee which had 4 miles on it when bought. Has 15k now. In last two weeks engine light has come on twice. Each time they towed it to a dealer and each time we were told oh just a minor computer upgrade was all that was needed. Tonight the transmission started slipping and surprise surprise the engine light is on again. Sitting here waiting for it to be towed for the 3rd time!! Supposed to be leaving for Florida next Friday. Doubt it’ll be in this lemon. Oh and have never gotten a loaner or rental when it’s been at dealers for days because Chrysler needed a diagnosis first and by time they “diagnosed” it they said it was fixed. Obviously NOT. Now what?

  9. Timothy Burroughs

    I bought a new 2014 truck from GMC dealer in December of 14. There was a defect in the frame and they have now had it for attempted repairs for 30 days. No idea how much longer they will have it. If I pursue lemon do I also get back the $20,000 I put down or do I have the option to trade for another new truck without losing my down payment?

  10. I bought a car in Jan this year and the place I bought it lied about a lot of things. I’m paying to much for a car that I can hardly drive. Does the lemon law apply to this situation? My car is used.

  11. My husband and I bought a new 2015 honda odyssey in june and the B pillar on the right side started to make a lot of noises when breaking, stopping, and turning into driveway. To make a long story short we have had it to the dealers to have the same problem fixed 4 times and the noise comes back every time within 2 to 3 days. They have been talking with the engineer and they want to try a new fix. They told me it is my decision. I told them I am not wanting to spend anymore of my time trying to fix this problem that they have had 4 times and can not fix it. Does this fall under the lemon law in ky bc they told me it doesn’t ?

  12. It has been in the shop in july, august, and September and has 6700 miles now.

  13. I bought a 2004 Cadillac CTS before we bought it we ask if there was any problems. The salesman said the only thing wrong was the glove box was broke. The Sales manager told us that they put all their cars up on a rack and check everything out and if they see anything they don’t fix it they just take it to auction. I ask if there was anything other than the glove box. We purchased the car drove home (30 miles) and when we got out of the car we could smell oil burning. My husband crawled under it and there was oil everywhere so much on the bottom of the engine and it was lying in puddles under the bumper. I call the salesman and told him and the service manager , both replied bring it back in the morning. We took the car back and the service manager said they would take care of it. It turns out the seals was out of the engine. NOW because it was so much to fix they want us to pay. It was an as it purchase . The key tag said it had 131,000 when they got it in but when we bought the car it showed 132,000 so someone at the dealer had drove it 1000 miles there is no way the did not see the oil or smell it . Remember they said they had it on the rack and checked everything. What can we do?

  14. I bought a 2006 ford explorer and got it home and something happened to the rear end and they come and got it and said they fixed it. Then lights started to come on it and so took it back to the dealer and they said they fixed it but still doing it it has a 90 day warranty on it. So would this be covered under the lemon law

  15. I bought a used car with warranty , they said they would fix it or give me another car of equal value but they don’t have one at this time that is the same price .they said maybe next week they might have a couple I could look at or my car will be fixed next wensday , I have had problems out of the car 3 days after I have had it and I have told them all about it . Now I have no transpiration to get to work until next week maybe ?? If it is fixed . I know they have a many problems out if this car before and was suppose to be fixed , what are my rights and options ? Thanks ,
    stranded in Kentucky ,

  16. Another question ? They also said if they trade out cars with a different one no money will transfers to the other car , is this legal ?? Please help me I am very new at this , this is my first car ever , thanks Stranded
    in Kentucky

  17. On June 17, 2015 I took my 2014 Nissan Sentra SR, date of service 5/1/2015, into the dealer for radio failure at 6,100 miles. The dealership had my car until July 8th and when I picked up my car the volume control jumped up and down wildly when touched and the tuner would do the same. The replacement was defective as well, but I needed the car for transportation to work, so I told the dealership that the replacement had problems, but I wanted my car back. I told the representative that I would bring it back when I had a chance to leave it again. The radio was nearly unusable and on December 4, 2015 I took the Sentra in for multiple problems as my old Silverado was back on the road again. Now I could spare the Sentra for a few days to replace the defective radio. The mileage was about 22,000 when I dropped it off. I called on January 4, 2016 to ask when my Sentra would be ready and the representative offered to escalate the matter to management. I called today, January 5th and my car still sits unrepaired at the dealership, however they claim to have ordered another radio for it and it should be repaired in a few days. Should I pursue litigation at this point?

  18. i have a2000 grand am aint had it 3 weeks kept running hot replaced all types of stuff it quit runnin hot for 2 days I was driving it it started missin n diead n wouldn’t woiunderin if I was covered by the lemon law

  19. We went to a dealer here in KY and used our tax return to purchase one on finance and one paid cash. We have the vehicles and have yet to file our taxes until this coming up week. The car that we are paying for in full (no transaction has been made yet) has too many problems and will barely run. There is a bill of sale saying we DID pay for the vehicle, even though nothing is paid for until we file our taxes and the tax prep place cuts a check to the dealer. Can we just give this hunk of junk back to them and refuse to pay for it without any ramifications? It’s not a new car and it’s not under warranty.

  20. Bought a 2009 Jeep Wrangler w/ ~80k miles on it. “Limited warranty” from the dealer. Test drives fine, clean car history. Buy it, get it home and have a 30 point inspection completed and discover $1500 in needed repairs. I didn’t expect a perfect condition used car, but that seems a little excessive, I’ve had it 8 days. Does this apply at all?

  21. I bought a 2013 awd charger brand new at the beginning of 2014 it has 36,000 warranty and within 12 months we’ve had the car in the service department come Monday 4 times for the same exact thing. The awd and service engine lights come on and it locks the car up while driving and I know of two times it about got me hit by an 18 wheeler!! It’s just very scary to drive onto a 4 lane and all of a sudden lock up and you can push the gas pedal all you want but it will not go! I’m just wondering if I have a right to do something before it gets me or my family killed!

  22. john heironimus

    i bought a new wrangler at cross in louisville last may. they have spent 6 weeks trying to repair a leaky top and the car is at the dealer as we speak. i guess it’s a lemon?

  23. My son bought a 2007 F250 from a dealer with no warranty but that dealer did not tell him anything being wrong with the vehicle. He drove it for 1 week and it left him stranded. He went back to the dealer to get him to help him or at least pay half to get the truck fixed and the dealer told him it was against the law for him to help my son because he bought it as is. My son had to take the truck to a mechanic to get it fixed and it is going to cost him another $1000.00 and maybe more. Is there anything we can do? Please help. Thank you.

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