Kentucky Lemon Law: Your Rights When You Buy a Defective Vehicle

You bought a new car, and it keeps breaking down. The dealer has tried to fix it multiple times, but the same problem keeps coming back. Kentucky’s lemon law may give you the right to a replacement vehicle or a full refund — but understanding the law’s requirements and limitations is essential to making a successful claim.

What Kentucky’s Lemon Law Covers

Kentucky’s lemon law is codified at KRS 367.840 through KRS 367.844. It applies to new motor vehicles purchased or leased in Kentucky that are still covered by the manufacturer’s warranty. The law does not cover used vehicles, motorcycles, or vehicles used primarily for commercial purposes. The core protection is straightforward: if a new vehicle has a defect that substantially impairs its use, value, or safety, and the manufacturer or its authorized dealer cannot repair the defect after a reasonable number of attempts, the manufacturer must replace the vehicle or refund the purchase price.

What Counts as a “Substantial Impairment”

Not every defect qualifies. The defect must substantially impair the vehicle’s use, value, or safety. A persistent engine stalling problem, transmission failure, brake defect, or electrical system malfunction that makes the vehicle unreliable or unsafe qualifies. A minor cosmetic issue, a squeak, or a problem that does not affect the vehicle’s operation or safety likely does not meet the threshold.

The “Reasonable Number of Attempts” Standard

Under KRS 367.842, a manufacturer is presumed to have had a reasonable number of repair attempts if the same defect has been subject to repair four or more times without success, or the vehicle has been out of service for a cumulative total of 30 or more calendar days due to warranty repairs. These thresholds create a rebuttable presumption — the manufacturer can argue that the repairs were reasonable, but the burden shifts to them to prove it.

The Process

Before pursuing a lemon law claim, you must give the manufacturer written notice of the defect and a final opportunity to repair it. Many manufacturers have informal dispute resolution programs that must be exhausted before filing a formal claim. If the dispute resolution process does not produce a satisfactory result, you can file a complaint with the Kentucky Attorney General’s Office or pursue the claim in court. The lemon law provides for recovery of the purchase price (minus a reasonable allowance for use), incidental damages, and attorneys’ fees if you prevail.

Documentation Is Critical

Keep every repair order, service receipt, and written communication with the dealer and manufacturer. Note the dates the vehicle was dropped off and picked up for each repair. Document the symptoms you reported each time. This paper trail is the foundation of a successful lemon law claim. Without it, proving that the defect persists and that the required number of repair attempts have been made becomes significantly harder.

Beyond the Lemon Law

If your vehicle does not qualify under the lemon law — perhaps because it is used, or the problem appeared after the warranty expired — you may still have remedies. The Kentucky Consumer Protection Act (KRS 367.170) prohibits unfair and deceptive trade practices, including misrepresenting a vehicle’s condition. The Magnuson-Moss Warranty Act (federal) provides additional protections for consumers whose warranties are not honored. And common law fraud claims may be available if the dealer misrepresented the vehicle’s history or condition.

If you purchased a defective vehicle in Kentucky and the dealer cannot fix it, contact Buckles Law Office at (859) 225-9540.