Kentucky
Kentucky Lemon Law (2026): How to Qualify and Get a Refund
Kentucky's Motor Vehicle Lemon Law, codified at through 367.846, entitles new-vehicle buyers to a replacement or full refund when a manufacturer cannot fix a substantial defect after four or more repair attempts, or when the vehicle sits out of service for 30 or more cumulative days, within the first 12 months or 12,000 miles. The consumer chooses the remedy.
Kentucky's Motor Vehicle Lemon Law protects consumers who purchase or lease a new vehicle that turns out to be defective. Codified in KRS 367.840 through 367.846, the law holds manufacturers accountable when they cannot fix a substantial defect within a reasonable number of attempts.
The legislature directed that these provisions be construed liberally to achieve three purposes: protecting consumers who buy or lease new vehicles that do not conform to applicable warranties, limiting the number of attempts a manufacturer has to cure nonconformities, and requiring manufacturers to provide a refund or replacement when they fail to cure defects within specified limits.
The federal Magnuson-Moss Warranty Act ( et seq.) serves as a national backstop for all consumer products sold with a written warranty, including motor vehicles. Kentucky consumers may invoke Magnuson-Moss alongside or instead of the state statute, which can be important when a defect falls outside the state's 12-month/12,000-mile window but a written warranty obligation still exists.
What Vehicles Are Covered
Under KRS 367.841, Kentucky's lemon law defines the vehicles and consumers that qualify for protection. The law applies to new motor vehicles that are registered or licensed in the Commonwealth and intended primarily for use on public highways.
Covered Vehicle Types
- New motor vehicles purchased in Kentucky
- Passenger automobiles including sedans, coupes, and hatchbacks
- Trucks used primarily for personal purposes
- Vans including passenger vans and minivans
- Leased vehicles acquired through a new lease agreement (after July 15, 1998)
- Personal use vehicles used primarily for personal, family, or household purposes
Vehicles Not Covered
- Motorcycles
- Mopeds
- Motor homes and recreational vehicles
- Farm machinery and 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. If you experience problems with your new vehicle, report them immediately and begin documenting every repair visit from day one.
Under KRS 367.846, the law applies to new motor vehicles purchased after July 15, 1986, and to motor vehicles leased after July 15, 1998.
The Lemon Law Presumption
Under KRS 367.842, Kentucky law creates a rebuttable presumption that helps consumers prove their case. When the presumption applies, the burden shifts to the manufacturer to show the vehicle does not qualify as a lemon.
When the Presumption Applies
| Condition | Requirement | Details |
|---|---|---|
| Repair Attempts (Same Defect) | 4 or more attempts | The same nonconformity substantially impairs the use and market value of the vehicle |
| Days Out of Service | 30 or more cumulative days | Vehicle is out of service due to repair of the same nonconformity, defect, or condition |
| Timeframe | Within 12 months or 12,000 miles | Whichever comes first from the date of delivery |
The 30 cumulative days do not need to be consecutive. If your vehicle spent 10 days in the shop in March, 12 days in June, and 8 days in September, that totals 30 days and satisfies the presumption.
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. Common 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 mechanical issues
Minor cosmetic issues or problems that do not substantially impair the vehicle's use or market value typically do not qualify.
Written Notice Requirement
If, after a reasonable number of attempts, the manufacturer or its agents cannot repair the nonconformity within the coverage period, the buyer must report the nonconformity in writing to the manufacturer. This written notice is a required step before the consumer can pursue replacement or refund remedies.
Manufacturer's Final Repair Opportunity
does not set out a specific day-counted procedure for this step. After the consumer's written notice, if the manufacturer or its agents remain unable to repair or correct the nonconformity after a reasonable number of attempts, the buyer may then choose a comparable replacement vehicle or a full refund of the purchase price.
Consumer Remedies: Refund vs. Replacement
When a manufacturer cannot conform a motor vehicle to the express warranty after meeting the presumption requirements and exhausting the final repair opportunity, KRS 367.842 provides the consumer with a choice of remedies.
Consumer's Choice
If the manufacturer fails to cure the nonconformity during the final repair opportunity, the consumer may elect either:
- A comparable replacement motor vehicle, OR
- A full refund of the contract price
The choice belongs to the consumer, not the manufacturer.
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
- Finance charges: All financing costs incurred
- Government fees: Title fees, registration fees, and sales tax
- Collateral charges: Similar charges connected to the purchase
- 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. defines "reasonable allowance for use" as the amount directly attributable to the consumer's use of the vehicle, excluding any time the vehicle was out of service due to the nonconformity. The statute does not prescribe a specific mathematical formula; the most common industry calculation is:
Allowance = (Contract Price x Miles Driven) / 100,000
For example, if you paid $35,000 for the vehicle and drove 6,000 miles before returning it, the deduction under this method would be $2,100. Your refund would be $35,000 minus $2,100, plus all applicable fees and incidental costs. Actual deductions are subject to negotiation or dispute resolution.
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 From Day One
- 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 when possible
Step 2: Report Problems Within the 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. Do not delay.
Step 3: Send Written Notice to the 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)
- A clear description of the nonconformity
- Complete repair history with dates and outcomes
- A request for resolution under
Send this notice by certified mail with return receipt requested so you have proof of delivery.
Step 4: Allow a Reasonable Number of Repair Attempts
KRS 367.842 does not specify a fixed number of days for this step. After your written notice, the manufacturer must be given a reasonable number of attempts to repair or correct the nonconformity before you can demand a replacement or refund.
Step 5: Pursue Dispute Resolution or Legal Action
If the manufacturer fails to repair the vehicle during the final opportunity:
- Use the manufacturer's informal dispute settlement procedure if one exists
- File a complaint with the Kentucky Attorney General's Office
- Pursue civil litigation if dispute resolution is unsuccessful
Dispute Resolution Procedures
Kentucky law establishes a structured process for resolving lemon law disputes before they reach the courtroom.
Mandatory Informal Dispute Resolution
Under KRS 367.842, disputes about refund or replacement must first go through an informal dispute resolution system. This system can operate under either:
- through 367.870, which establish Kentucky's own informal dispute resolution framework, OR
- 16 C.F.R. Part 703, the Federal Trade Commission's regulations governing informal dispute settlement procedures
Consumers must use whichever system the manufacturer has established before seeking judicial relief.
Consumer Rights in Dispute Resolution
Kentucky law provides important protections during the dispute resolution process:
- You have the right to an oral hearing (not just written submissions) unless you agree in writing to a documents-only review
- The decision is binding on the manufacturer but not on you
- If you disagree with the outcome, you can reject the decision and take further legal action in court
- You can only lose your right to go to court if you signed a written agreement specifically waiving that right
Requirements for Manufacturer Programs
To be valid, manufacturer dispute resolution programs must:
- Comply with Federal Trade Commission regulations
- Be adequately funded and staffed
- Operate impartially
- Render decisions within 40 days of notification of the dispute (per (d))
- Verify performance within 10 working days of the date for performance (per (h))
Attorney General Enforcement
Under KRS 367.845, noncompliance with the lemon law by a manufacturer is unlawful. The Kentucky Attorney General has authority to enforce these provisions using the powers granted under and , which relate to acts declared unlawful by (the Consumer Protection Act).
Manufacturer Defenses
Manufacturers may raise defenses to lemon law claims in Kentucky.
Common 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 resale 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 or 12,000 miles | Show documentation of repairs within coverage period |
| Insufficient repair attempts | Consumer did not allow a reasonable number of attempts | Provide repair records showing 4 or more attempts or 30 or more days out of service |
Dealer Liability
Under KRS 367.844, no manufacturer shall directly or indirectly expose or attempt to expose any franchised dealer to liability under the lemon law. Liability for lemon law remedies falls on the manufacturer, not the dealer.
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 already 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.
Statute of Limitations and Key Deadlines
Understanding Kentucky's timing requirements is critical.
Key Deadlines
| Deadline | Timeframe |
|---|---|
| Coverage period | 12 months or 12,000 miles, whichever is earlier |
| Written notice to manufacturer | Required after reasonable repair attempts within coverage period |
| Final repair opportunity | No day-counted deadline in KRS 367.842; the manufacturer must be given a reasonable number of attempts before replacement or refund is due |
| Dispute resolution | Must use certified manufacturer program if available before filing suit |
| Court action (statute of limitations) | 2 years from date of original delivery of the vehicle to the buyer |
Under KRS 367.842(8), any action brought under the lemon law must be commenced within two years after the date of original delivery of the new motor vehicle to the buyer. Missing this deadline means losing your right to sue.
Attorney Fees
KRS 367.842(9) provides that a court may award reasonable attorney's fees to a prevailing plaintiff. This is a discretionary award, meaning the judge decides whether to grant fees based on the circumstances of the case.
Electric Vehicle Considerations
Electric vehicles (EVs) are covered under Kentucky's lemon law just like gasoline-powered vehicles. EV owners should be aware of unique defects that may qualify.
Common EV Defects That May Qualify
- Battery capacity degradation beyond manufacturer specifications
- Charging system malfunctions
- Range substantially below manufacturer representations
- Electric motor failures
- Software defects affecting vehicle operation or safety
- Thermal management system problems
- Regenerative braking issues
Documentation Tips for EV Claims
- Record charging attempts and any failures
- Document actual range versus manufacturer specifications
- Keep records of all software updates and their effects
- Save error codes and diagnostic reports
- Note ambient temperature conditions, as they can affect EV performance
Alternative Remedies for Used Vehicles
Kentucky's lemon law does not cover used vehicles. However, buyers of used vehicles with problems may have other legal options.
Federal Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act ( through 2312) is a federal law that applies to any consumer product sold with a written warranty, including used vehicles. If a dealer or manufacturer provides a written warranty on a used vehicle and fails to honor it, you may have a claim under this federal law.
Kentucky Consumer Protection Act
Kentucky's Consumer Protection Act (KRS 367.170) prohibits unfair, false, misleading, or deceptive acts or practices in trade or commerce. If a dealer misrepresented the condition of a used vehicle, this statute may provide a remedy.
Implied Warranty of Merchantability
Unless a used vehicle is sold "as-is" with proper disclosure, the implied warranty of merchantability may apply. This warranty requires that the vehicle be fit for its ordinary purpose of transportation.
More Kentucky Laws
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 vehicle buyers may have remedies under the federal Magnuson-Moss Warranty Act, the Kentucky Consumer Protection Act (KRS 367.170), or the implied warranty of merchantability if the vehicle was not sold as-is.
How is the usage allowance calculated for a Kentucky lemon law refund?
Kentucky defines 'reasonable allowance for use' as the amount directly attributable to the consumer's use, excluding time the vehicle was out of service. The statute prescribes no set formula; manufacturers commonly calculate it as contract price times miles driven divided by 100,000. For example, if you paid $35,000 and drove 6,000 miles, the deduction under that method would be $2,100.
Is the manufacturer's arbitration decision binding on the consumer?
No. Under Kentucky law, the arbitration decision is binding on the manufacturer but not on the consumer. If you disagree with the outcome, you can reject the decision and pursue legal action in court, unless you signed a written agreement waiving that right.
How long do I have to file a lemon law lawsuit in Kentucky?
Under KRS 367.842(8), you must file a court action within two years after the date of original delivery of the new motor vehicle. You must also exhaust the manufacturer's informal dispute resolution procedure (if one exists) before filing suit.
Can I recover attorney fees in a Kentucky lemon law case?
Yes, but it is not guaranteed. KRS 367.842(9) provides that a court may award reasonable attorney fees to a prevailing plaintiff. The award is discretionary, meaning the judge decides based on the circumstances of the case.
Is the dealer liable under Kentucky's lemon law?
No. Under KRS 367.844, dealers are not liable under the lemon law. Liability rests with the manufacturer for lemon law remedies. However, dealers must facilitate warranty repairs through their authorized service departments.
Updates
Corrected the citation for Kentucky's 2-year lemon-law filing deadline from KRS 367.843 (which grants only a right of action and contains no limitations period) to KRS 367.842(8), the section that actually states the 2-year deadline.
Governing law re-checked for recent changes
Removed an invented '10 business days to name a repair facility, then 10 more to complete repair' procedure that does not appear in KRS 367.842; the statute only requires a reasonable number of repair attempts after written notice, with no day-counted final-repair deadline.
Governing law re-checked for recent changes
The Law Behind This Article
This article rests on 12 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Code of Federal Regulations Title 16
§ 703.5Operation of the Mechanism.In force
(a) The Mechanism shall establish written operating procedures which shall include at least those items specified in paragraphs (b) through (j) of this section. Copies of the written procedures shall be made available to any person upon request. (b) Upon notification of a dispute, the Mechanism shall immediately inform both the warrantor and the consumer of receipt of the dispute. (c) The Mechanism shall investigate, gather and organize all information necessary for a fair and expeditious decision in each dispute. When any evidence gathered by or submitted to the Mechanism raises issues relating to the number of repair attempts, the length of repair periods, the possibility of unreasonable use of the product, or any other issues relevant in light of Title I of the Act (or rules thereunder), including issues relating to consequential damages, or any other remedy under the Act (or rules thereunder), the Mechanism shall investigate these issues.
Official text (excerpt) · as of 2026-07-28 · Read the full section at ecfr.gov
Cited in 50 court opinionsMost recently applied by a court: 2025
Leading cases: Cunningham v. Fleetwood Homes of Georgia, Inc. (Court of Appeals for the Eleventh Circuit 2001, 253 F.3d 611) · Fred F. Wolf v. Ford Motor Company (Court of Appeals for the Fourth Circuit 1987, 829 F.2d 1277) · Motor Vehicle Manufacturers Ass'n of the United States, Inc. v. Abrams (District Court, S.D. New York 1988, 697 F. Supp. 726)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 15
§ 2301DefinitionsIn forcecited in 39 of our articles
For the purposes of this chapter: The term “consumer product” means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed). The term “Commission” means the Federal Trade Commission. The term “consumer” means a buyer (other than for purposes of resale) of any consumer product, any person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of the warranty (or service contract). The term “supplier” means any person engaged in the business of making a consumer product directly or indirectly available to consumers. The term “warrantor” means any supplier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty.
Official text (excerpt) · as of 2026-07-28 · Read the full section at uscode.house.gov
Cited in 1,671 court opinionsMost recently applied by a court: 2026
Leading cases: John F. "Jack" Walsh v. Ford Motor Company (Court of Appeals for the D.C. Circuit 1986, 807 F.2d 1000) · Birdsong v. Apple, Inc. (Court of Appeals for the Ninth Circuit 2009, 590 F.3d 955) · Robert E. Kelly Virginia L. Kelly v. Fleetwood Enterprises, Inc. (Court of Appeals for the Ninth Circuit 2004, 377 F.3d 1034)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arkansas Lemon Law (2026): How to Qualify & Get a Refund, Washington Lemon Law (2026): How to Qualify & Get a Refund, Alabama Lemon Law (2026): How to Qualify and Get a Refund
Kentucky Revised Statutes, Chapter 367: CONSUMER PROTECTION
§ 367.170Unlawful actsIn force
(1) Unfair, false, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful. (2) For the purposes of this section, unfair shall be construed to mean unconscionable.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
Cited in 195 court opinionsMost recently applied by a court: 2026
Leading cases: Mullins v. Commonwealth Life Insurance Co. (Kentucky Supreme Court 1992, 839 S.W.2d 245) · Stevens v. Motorists Mutual Insurance Co. (Kentucky Supreme Court 1988, 759 S.W.2d 819) · Barnett v. Mercy Health Partners-Lourdes, Inc. (Court of Appeals of Kentucky 2007, 233 S.W.3d 723)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 367.190Injunction -- HearingIn force
(1) Whenever the Attorney General has reason to believe that any person is using, has used, or is about to use any method, act or practice declared by KRS 367.170 to be unlawful, and that proceedings would be in the public interest, he may immediately move in the name of the Commonwealth in a Circuit Court for a restraining order or temporary or permanent injunction to prohibit the use of such method, act or practice. The action may be brought in the Circuit Court of the county in which such person resides or has his principal place of business or in the Circuit Court of the county in which the method, act or practice declared by KRS 367.170 to be unlawful has been committed or is about to be committed; or with consent of the parties may be brought in the Franklin Circuit Court. (2) Upon application of the Attorney General, a restraining order shall be granted whenever it reasonably appears that any person will suffer immediate harm, loss or injury from a method, act or practice prohibited by KRS 367.170.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
Cited in 12 court opinionsMost recently applied by a court: 2024
Leading cases: Popplewell's Alligator Dock No. 1, Inc. v. Cabinet (Kentucky Supreme Court 2004, 133 S.W.3d 456) · Dare to Be Great, Inc. v. Commonwealth Ex Rel. Hancock (Court of Appeals of Kentucky (pre-1976) 1974, 511 S.W.2d 224) · Commonwealth Ex Rel. Chandler v. Anthem Insurance Companies (Court of Appeals of Kentucky 1999, 8 S.W.3d 48)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 367.230Assurance of voluntary complianceIn force
In the administration of KRS 367.110 to 367.300, the Attorney General may accept an assurance of voluntary compliance with respect to any method, act, or practice deemed to be violative of KRS 367.110 to 367.300 from any person who has engaged or was about to engage in that method, act, or practice. This assurance shall be in writing and shall be filed with and subject to the approval of the Circuit Court in which the alleged violator resides or has his principal place of business, or the Franklin Circuit Court. An assurance of voluntary compliance shall not be considered an admission of violation for any purpose. It shall be a willful violation of KRS 367.170 if a person who enters into an assurance of voluntary compliance fails to comply. Matters thus closed may at any time be reopened by the Attorney General for further proceedings in the public interest, pursuant to KRS 367.190.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
Cited in 1 court opinionsMost recently applied by a court: 2013
Leading cases: Powell v. Tosh (District Court, W.D. Kentucky 2013, 929 F. Supp. 2d 691)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 367.840KRS 367.841 to 367.844 to be construed liberally -- PurposesIn force
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.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
§ 367.841DefinitionsIn force
(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.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
Cited in 1 court opinionsMost recently applied by a court: 2008
Leading cases: Adams v. Commonwealth (Court of Appeals of Kentucky 2008, 275 S.W.3d 209)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 367.842Options of buyer if manufacturer unable to repair nonconformity in new motor vehicle -- Rights of lienholder -- Resolution of disputes -- Dealer not liableIn force
(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.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
Cited in 1 court opinionsMost recently applied by a court: 2025
Leading cases: Holmes (District Court, E.D. Kentucky 2025)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 367.844Manufacturer prohibited from exposing franchised dealer to liabilityIn force
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).
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
§ 367.845Enforcement of provisions of KRS 367.842 to 367.844 by Attorney GeneralIn force
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.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
§ 367.846Application of KRS 367.840 to 367.845In force
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.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
§ 367.860Definitions for KRS 367.865In force
As used in KRS 367.865 unless the context requires otherwise: (1) "Buyer" means any resident person who buys or contracts to buy a new motor vehicle in the Commonwealth of Kentucky. (2) "Manufacturer" means any person, resident or nonresident, who manufactures or assembles new motor vehicles which are sold in the Commonwealth of Kentucky. (3) "Motor vehicle" means any two (2) axle, motor-driven vehicle with at least four (4) wheels which is required to be registered or licensed in the Commonwealth of Kentucky before being operated upon the highways and is used or bought for use primarily for personal, family, or household purposes. (4) "New motor vehicle" means a motor vehicle which, after its final assembly, is either in the possession of the manufacturer, factory branch or distributor, or an authorized dealer operating under a franchise with the manufacturer, factory branch or distributor, and the legal or equitable title to which has never been the subject of a sale or transfer other than to another dealer operating under a similar franchise with the same manufacturer, factory branch or distributor.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
Cited in 1 court opinionsMost recently applied by a court: 1988
Leading cases: Motor Vehicle Manufacturers Ass'n of the United States, Inc. v. Abrams (District Court, S.D. New York 1988, 697 F. Supp. 726)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Explore the law
This article also draws on these acts and chapters (opening at their first section): Kentucky Revised Statutes, Chapter 367: CONSUMER PROTECTION § 367.010 (Repealed, 1972.)
Related law for further reading — not part of this article’s citations.
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Kentucky Revised Statutes Chapter 367: Consumer Protection (Lemon Law Sections 367.840-367.846)(apps.legislature.ky.gov).gov
- KRS § 367.842: Options of Buyer if Manufacturer Unable to Repair Nonconformity(apps.legislature.ky.gov).gov
- Kentucky Attorney General: Consumer Protection Resources(ag.ky.gov).gov
- Kentucky Justice Online: Kentucky's Vehicle Lemon Law(kyjustice.org)
- Federal Trade Commission: Magnuson-Moss Warranty Act(ftc.gov).gov
- Kentucky Transportation Cabinet(drive.ky.gov).gov
- FTC Rule on Informal Dispute Settlement Procedures (16 CFR Part 703)(ftc.gov).gov