Last verified: February 2026
Key Points
- Primary Law: Kentucky Motor Vehicle Lemon Law (KRS §§ 367.840-367.846)
- Coverage: New motor vehicles purchased or leased for personal, family, or household use
- Coverage Period: First 12 months or 12,000 miles from date of delivery, whichever is earlier
- Presumption: 4+ repair attempts OR 30+ cumulative days out of service
- Remedies: Replacement vehicle or full refund at consumer’s choice
- Arbitration: Informal dispute settlement required if manufacturer has certified program
Quick Penalties Overview
| Violation Type | Consumer Remedy | Additional Damages |
|---|---|---|
| Failure to repair after reasonable attempts | Refund or replacement | Collateral charges and incidental costs |
| Resale of returned lemon without disclosure | Consumer protection violation | Title branding required |
| Manufacturer fails to provide remedy | Civil action available | Court costs may be awarded |
Table of Contents
📑 Table of Contents (click to expand)
- Kentucky Lemon Law Overview
- What Vehicles Are Covered
- The Lemon Law Presumption
- Consumer Remedies: Refund vs. Replacement
- How to File a Lemon Law Claim
- Dispute Settlement Procedures
- Manufacturer Defenses
- Leased Vehicle Protections
- Electric Vehicle Considerations
- Statute of Limitations
- Frequently Asked Questions
- Resources and Legal Help
Kentucky Lemon Law Overview
Kentucky’s lemon law, codified in Kentucky Revised Statutes §§ 367.840 through 367.846, provides consumer protections for buyers and lessees of defective new motor vehicles in the Bluegrass State. The law requires manufacturers to repurchase or replace vehicles that cannot be repaired after a reasonable number of attempts within a specified time period.
Kentucky’s lemon law has a relatively short coverage period compared to some other states, applying only during the first 12 months or 12,000 miles of operation, whichever comes first. This makes it especially important for Kentucky consumers to report problems promptly and pursue their claims within the statutory timeframe.
The law applies to new motor vehicles purchased or leased after July 15, 1986, and to leased vehicles acquired after July 15, 1998. Kentucky’s Attorney General’s Office oversees consumer protection matters and can provide information about lemon law rights.
What Vehicles Are Covered
Under KRS § 367.840, Kentucky’s lemon law defines the vehicles and consumers that qualify for protection.
Covered Vehicle Types
- New motor vehicles: Vehicles purchased new in Kentucky
- Passenger automobiles: Sedans, coupes, hatchbacks, and similar vehicles
- Trucks: Pickup trucks used primarily for personal purposes
- Vans: Passenger vans and minivans
- Leased vehicles: New vehicles acquired through lease agreements (after July 15, 1998)
- Personal use vehicles: Vehicles used primarily for personal, family, or household purposes
Vehicles Not Covered
- Motorcycles
- Mopeds
- Motor homes and recreational vehicles
- Farm machinery, implements of husbandry
- Vehicles with a gross vehicle weight rating over 10,000 pounds
- Off-road vehicles
- Vehicles used primarily for business purposes
- Used vehicles
Coverage Period
Kentucky’s lemon law coverage period is the shorter of:
- The first 12,000 miles of operation, OR
- The first 12 months following the date of delivery to the buyer
This is one of the shorter coverage periods among state lemon laws, making prompt action essential.
The Lemon Law Presumption
Under KRS § 367.842, Kentucky law creates a presumption that helps consumers prove their cases.
The Lemon Law Presumption Applies When:
| Condition | Requirement | Details |
|---|---|---|
| Repair Attempts (Same Problem) | 4 or more attempts | Same nonconformity substantially impairs use and market value |
| Days Out of Service | 30 or more cumulative days | Out of service due to repair of one or more nonconformities |
| Timeframe | Within 12 months or 12,000 miles | Whichever comes first from date of delivery |
Written Notice Requirement
If, after a reasonable number of attempts, the manufacturer or its agents are unable to repair the nonconformity within the coverage period, the buyer must report the nonconformity in writing to the manufacturer. This written notice is required before the consumer can pursue replacement or refund remedies.
What Qualifies as a “Nonconformity”?
A nonconformity is a defect, malfunction, or condition that substantially impairs the use and market value of the motor vehicle and is covered by the manufacturer’s express warranty. Examples include:
- Engine or transmission problems affecting vehicle operation
- Brake system malfunctions creating safety hazards
- Steering defects impairing vehicle control
- Electrical system failures affecting critical functions
- Safety restraint and airbag system defects
- Fuel system problems
- Persistent warning lights indicating serious issues
Manufacturer’s Opportunity to Repair
After receiving written notice from the consumer, the manufacturer has 10 business days to notify the consumer of a reasonably accessible repair facility. The manufacturer then has an additional 10 business days from delivery of the vehicle to the repair facility to repair the nonconformity.
Consumer Remedies: Refund vs. Replacement
When a manufacturer cannot conform a motor vehicle to the express warranty after meeting the presumption requirements, KRS § 367.842 provides consumer remedies.
Consumer’s Choice
If the manufacturer fails to cure the nonconformity within the additional repair opportunity, the consumer may elect either:
- A comparable replacement motor vehicle, OR
- A full refund of the contract price
Option 1: Replacement Vehicle
If the consumer elects a replacement, the manufacturer must provide:
- A comparable motor vehicle acceptable to the consumer
- Payment of all collateral charges applicable to the replacement vehicle
Option 2: Full Refund
If the consumer elects a refund, it must include:
- Full contract price: The total purchase price of the vehicle
- Collateral charges: Finance charges, title fees, registration fees, sales tax, and similar costs
- Incidental costs: Towing expenses, rental vehicle costs, and other expenses caused by the nonconformity
Reasonable Allowance for Use: The manufacturer may deduct a reasonable allowance for the consumer’s use of the vehicle. Kentucky’s formula:
Allowance = (Contract Price × Miles Driven) ÷ 100,000
Refunds go to the consumer and any lienholder, as their interests may appear.
How to File a Lemon Law Claim in Kentucky
Following proper procedures is essential for a successful Kentucky lemon law claim, especially given the shorter coverage period.
Step 1: Document Everything Promptly
- Keep all repair orders and service records
- Record exact dates the vehicle was at the dealership
- Document specific symptoms and problems you experienced
- Save all correspondence with the dealer and manufacturer
- Note odometer readings at each repair visit
- Take photographs or videos of defects
Step 2: Report Problems Within Coverage Period
Report each nonconformity to an authorized dealer as soon as it occurs. Remember, you only have 12 months or 12,000 miles to build your case.
Step 3: Send Written Notice to Manufacturer
After a reasonable number of repair attempts, send written notice to the manufacturer. Include:
- Your name and contact information
- Vehicle identification (year, make, model, VIN)
- Description of the nonconformity
- Complete repair history
- Request for resolution
Step 4: Allow Final Repair Opportunity
After receiving your written notice, the manufacturer has:
- 10 business days to notify you of a repair facility
- 10 additional business days after vehicle delivery to repair the nonconformity
Step 5: Pursue Dispute Resolution
If the manufacturer fails to repair the vehicle:
- Use any manufacturer informal dispute settlement procedure (if available and certified)
- File a complaint with the Kentucky Attorney General’s Office
- Pursue civil litigation
Dispute Settlement Procedures
Under KRS § 367.842, Kentucky law addresses manufacturer informal dispute settlement procedures.
Manufacturer Programs
If a manufacturer has established an informal dispute settlement procedure that complies with FTC regulations (16 C.F.R. Part 703), the consumer must first resort to that procedure before pursuing civil remedies. The existence of such a procedure must be clearly disclosed to the consumer in the warranty or owner’s manual.
Requirements for Certified Programs
To be valid, manufacturer programs must:
- Comply with Federal Trade Commission regulations
- Be adequately funded and staffed
- Operate impartially
- Render decisions within 40 days
- Provide awards within 30 days of consumer acceptance
State Oversight
The Kentucky Attorney General’s Office can provide information about consumer rights and may investigate complaints about lemon law violations or improper arbitration procedures.
Manufacturer Defenses
Manufacturers may raise defenses to lemon law claims in Kentucky.
Valid Defenses
| Defense | Manufacturer’s Argument | Consumer’s Counter |
|---|---|---|
| Defect not substantial | Nonconformity does not substantially impair use and market value | Document specific impacts on daily use and vehicle value |
| Consumer abuse or neglect | Defect caused by abuse, neglect, or unauthorized modifications | Provide maintenance records showing proper care |
| Outside coverage period | Problem arose or was reported after 12 months/12,000 miles | Show documentation of repairs within coverage period |
| Insufficient repair attempts | Consumer did not allow reasonable number of attempts | Provide repair records showing 4+ attempts or 30+ days out of service |
Dealer Protection
Under Kentucky law, dealers are not liable under the lemon law provisions. Liability falls on the manufacturer for warranty enforcement and lemon law remedies.
Leased Vehicle Protections
Kentucky’s lemon law extends protection to lessees of new motor vehicles for leases entered into after July 15, 1998.
Lessee Remedies
- Lease termination: The lease agreement is cancelled
- Refund of payments: Lease payments made are refunded
- No early termination penalties: The lessee is not charged fees for early termination
Both the lessor and lessee have interests that are addressed in any refund calculation.
Electric Vehicle Considerations
Electric vehicles are covered under Kentucky’s lemon law. EV owners should be aware of unique issues.
Common EV Defects That May Qualify
- Battery capacity degradation beyond specifications
- Charging system malfunctions
- Range substantially below manufacturer representations
- Electric motor failures
- Software defects affecting vehicle operation
- Thermal management system problems
- Regenerative braking issues
Documentation for EV Claims
- Record charging attempts and any failures
- Document actual range versus manufacturer specifications
- Keep records of software updates
- Save error codes and diagnostic reports
Statute of Limitations
Understanding Kentucky’s timing requirements is critical given the shorter coverage period.
Key Deadlines
- Coverage period: 12 months or 12,000 miles, whichever is earlier
- Written notice: Required after reasonable repair attempts within coverage period
- Manufacturer response: 10 business days to identify repair facility; 10 business days to complete repair
- Arbitration: Must use certified manufacturer program if available before civil action
- Court action: Must be filed within applicable statute of limitations
Act Quickly
Kentucky’s 12-month/12,000-mile coverage period is shorter than many other states. If you experience problems with your new vehicle, report them immediately and keep meticulous records from the first repair visit.
Frequently Asked Questions
How many repair attempts are required before my vehicle qualifies as a lemon in Kentucky?
Kentucky law presumes a vehicle is a lemon after four or more repair attempts for the same nonconformity, or if the vehicle has been out of service for 30 or more cumulative days due to repairs. These conditions must occur within the first 12 months or 12,000 miles, whichever is earlier.
Does Kentucky’s lemon law cover used vehicles?
No, Kentucky’s lemon law applies only to new motor vehicles. Used vehicles are not covered. However, used vehicle buyers may have remedies under Kentucky’s Consumer Protection Act or the federal Magnuson-Moss Warranty Act.
Why is Kentucky’s coverage period so short?
Kentucky’s 12-month/12,000-mile coverage period is established by statute. While shorter than some other states, it reflects the legislative determination of what constitutes a reasonable time for serious defects to manifest. Consumers should report problems immediately and act quickly to preserve their rights.
How is the usage allowance calculated in Kentucky?
The usage allowance is calculated by multiplying the contract price by the total miles driven, then dividing by 100,000. For example, if you paid $32,000 and drove 8,000 miles, the usage allowance would be $2,560.
Must I use the manufacturer’s arbitration program before filing a lawsuit?
If the manufacturer has an informal dispute settlement procedure that complies with FTC regulations (16 C.F.R. Part 703) and has disclosed it to you, you must generally use that procedure before pursuing civil remedies.
Is the dealer liable under Kentucky’s lemon law?
No, dealers are not liable under Kentucky’s lemon law. Liability rests with the manufacturer for lemon law remedies. However, dealers must facilitate warranty repairs through their authorized service departments.
What should I do if my vehicle has problems but I’m approaching the 12-month mark?
Report every problem to an authorized dealer immediately and get written documentation. Send written notice to the manufacturer as soon as you have met the presumption requirements. Act quickly to preserve your rights before the coverage period expires.
Resources and Legal Help
Official Resources
- Kentucky Revised Statutes: Motor Vehicle Lemon Law
- Kentucky Attorney General: Consumer Protection
- Kentucky Transportation Cabinet