Kentucky Lemon Law
Kentucky State Statutes
Chapter 367, Section 840
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
(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.
(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;
(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
(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.
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)
(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.
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.
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).
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.
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.
Lemon Law Summaries
Lemon Law Statutes