Key takeaways
- Protection period: first 12,000 miles of operation or first 12 months after delivery to the buyer, whichever is earlier.
- Repair attempts: same nonconformity, defect, or condition subject to repair 4 or more times by the manufacturer and it continues to exist.
- Days out of service: cumulative total of at least 30 calendar days out of service for repair of the same nonconformity, defect, or condition.
- Deadline: action must be commenced within 2 years after the date of original delivery of the new motor vehicle to the buyer.
- The law is Ky. Rev. Stat. §§ 367.840 to 367.846; informal dispute resolution at §§ 367.860 to 367.870. Read it with your repair orders and your warranty in front of you.
On this page
Kentucky's lemon law is Ky. Rev. Stat. §§ 367.840 to 367.846; informal dispute resolution at §§ 367.860 to 367.870, the Kentucky Lemon Law (new motor vehicle warranties), KRS Chapter 367. It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
Kentucky lemon law at a glance
| Statute | Ky. Rev. Stat. §§ 367.840 to 367.846; informal dispute resolution at §§ 367.860 to 367.870 |
|---|---|
| Official name | Kentucky Lemon Law (new motor vehicle warranties), KRS Chapter 367 |
| Vehicles covered | New self-propelled vehicles intended primarily for public highways and required to be registered in Kentucky, bought or leased by a Kentucky resident. Excludes motor homes, motorcycles, mopeds, farm tractors and farm machines, vehicles with more than 2 axles, and vehicles substantially altered after initial sale. |
| Leased vehicles | Yes, leased vehicles are covered. |
| Protection period | First 12,000 miles of operation or first 12 months after delivery to the buyer, whichever is earlier. |
| Repair attempts | Same nonconformity, defect, or condition subject to repair 4 or more times by the manufacturer and it continues to exist. |
| Days out of service | Cumulative total of at least 30 calendar days out of service for repair of the same nonconformity, defect, or condition. |
| Notice to the manufacturer | Buyer must report the nonconformity in writing to the manufacturer if it cannot be repaired after a reasonable number of attempts within the protection period. |
| Dispute programs | Yes. Refund/replacement disputes must be resolved through the manufacturer's informal dispute resolution system (KRS 367.860 to 367.870 or 16 C.F.R. Part 703) before seeking judicial relief. The decision binds the manufacturer but not the buyer unless both agree to a binding system. No state-run arbitration program. |
| Deadline to bring a claim | Action must be commenced within 2 years after the date of original delivery of the new motor vehicle to the buyer. |
| Remedies | At the buyer's option, a comparable replacement vehicle or a refund of the full purchase price (amount paid, finance charge, sales tax, license and registration fees, similar governmental charges and collateral charges), less a reasonable allowance for the buyer's use, excluding time out of service due to the nonconformity. |
| Attorney's fees | Yes. A court may award reasonable attorney's fees to a prevailing plaintiff (KRS 367.842(9)). |
| Used vehicles | No. The statute covers new motor vehicles only, and the Kentucky Attorney General states there is no used car lemon law. |
Does your vehicle qualify in Kentucky?
The law covers new self-propelled vehicles intended primarily for public highways and required to be registered in Kentucky, bought or leased by a Kentucky resident. Excludes motor homes, motorcycles, mopeds, farm tractors and farm machines, vehicles with more than 2 axles, and vehicles substantially altered after initial sale. The protection period is first 12,000 miles of operation or first 12 months after delivery to the buyer, whichever is earlier. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: Same nonconformity, defect, or condition subject to repair 4 or more times by the manufacturer and it continues to exist.
- Days out of service: Cumulative total of at least 30 calendar days out of service for repair of the same nonconformity, defect, or condition.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
Buyer must report the nonconformity in writing to the manufacturer if it cannot be repaired after a reasonable number of attempts within the protection period.
Yes. Refund/replacement disputes must be resolved through the manufacturer's informal dispute resolution system (KRS 367.860 to 367.870 or 16 C.F.R. Part 703) before seeking judicial relief. The decision binds the manufacturer but not the buyer unless both agree to a binding system. No state-run arbitration program.
Deadline: Action must be commenced within 2 years after the date of original delivery of the new motor vehicle to the buyer.
State resource: Kentucky Office of the Attorney General, Office of Consumer Protection.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
At the buyer's option, a comparable replacement vehicle or a refund of the full purchase price (amount paid, finance charge, sales tax, license and registration fees, similar governmental charges and collateral charges), less a reasonable allowance for the buyer's use, excluding time out of service due to the nonconformity. Yes. A court may award reasonable attorney's fees to a prevailing plaintiff (KRS 367.842(9)). Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Kentucky's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your Kentucky vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in Kentucky?
Under Ky. Rev. Stat. §§ 367.840 to 367.846; informal dispute resolution at §§ 367.860 to 367.870, the presumption is met when same nonconformity, defect, or condition subject to repair 4 or more times by the manufacturer and it continues to exist. The law also counts time in the shop: cumulative total of at least 30 calendar days out of service for repair of the same nonconformity, defect, or condition.
How long do I have to file a lemon law claim in Kentucky?
Action must be commenced within 2 years after the date of original delivery of the new motor vehicle to the buyer. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the Kentucky lemon law cover used cars?
No. The statute covers new motor vehicles only, and the Kentucky Attorney General states there is no used car lemon law. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the Kentucky lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in Kentucky?
Buyer must report the nonconformity in writing to the manufacturer if it cannot be repaired after a reasonable number of attempts within the protection period. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in Kentucky?
Yes. Refund/replacement disputes must be resolved through the manufacturer's informal dispute resolution system (KRS 367.860 to 367.870 or 16 C.F.R. Part 703) before seeking judicial relief. The decision binds the manufacturer but not the buyer unless both agree to a binding system. No state-run arbitration program.
Can I recover attorney's fees under the Kentucky lemon law?
Yes. A court may award reasonable attorney's fees to a prevailing plaintiff (KRS 367.842(9)). We explain exactly how fees work in your case before you sign anything.