Kentucky's Vehicle Lemon Law

A vehicle lemon law protects people who buy or lease a new motor vehicle.  If the vehicle is defective and doesn’t work as promised in the vehicle’s express warranty, the lemon law can help. The law holds the manufacturer (not the dealer) responsible for certain defects with the vehicle.  Kentucky has specific laws that deal with defective new motor vehicles

that are sold or leased in Kentucky.

When you buy or lease a new vehicle, you get a lot of papers from the dealer.   Ask for all the information about warranties and what is covered under the warranties.  The warranties may be in the owner’s manual, or they may be separate. Make sure to check.

The Kentucky lemon law protects vehicles that are for intended primarily for regular, daily use.  Like your car.  The vehicle must be: 

• purchased or leased in Kentucky,
• registered or licensed in Kentucky,
• new and completely assembled, and
• sold by a manufacturer, factory branch, distributor, wholesaler or authorized dealer.

Motor homes, motorcycles, mopeds, farming tractors and vehicles with more than 2 axles are NOT considered a “vehicle” under this law. The law also does not cover vehicles that someone has made a lot of changes to since it was bought. 

The lemon law in Kentucky does not cover all defects on a vehicle. The law only covers a defect if it does not live up to what was promised in the express warranty.  The defect also has to be “substantial.”  This means something major.  The manufacturer is not responsible for any defects caused by damage or that happened because a person made changes to the vehicle.

A substantial defect is a problem that affects the car’s operation, value or safety. For example, bad brakes or steering. Defects affecting things like radio dials or door handles are “minor defects.”   They are not covered by lemon law.

Your vehicle is considered a “lemon” if the things listed below happen within the first 12 months or 12,000 miles (whichever comes first) of owning your new vehicle: 

• You have to bring your vehicle in for repairs on the same defect at least 4 times; or
• You can’t use your vehicle for 30 days because of the repairs that are being made on the same defect.  The 30 days can be added together from different repair times.

To qualify for the lemon law’s protection, report the defect to the vehicle’s manufacturer.  You must do this in writing. If the manufacturer can’t fix the defect, they must give you the option of

(a) replacing the defective vehicle with one like it, or 

(b) taking the vehicle back and refunding you the full purchase price. 

If you choose the refund option, the manufacturer can deduct a reasonable amount for your use of the vehicle. 

In your letter to the manufacturer:

• list the problems you have had with the car,
• list what you did to try to fix them; and
• include your vehicle identification number (VIN).   The VIN is on your purchase contract. 

Also, tell them if you want a replacement of the vehicle or a refund of the full purchase price. Mail the letter by certified mail. Keep a copy of the letter for your records.

The address should be in your owner's manual.  You can also ask your auto dealer. 

Keep copies of all the service records and any documents the car dealer gives you when making repairs.  Keep all receipts for what you paid for the repairs. Make detailed notes about the amount of time that the vehicle was in the shop.  If the problems with your vehicle caused you to miss time at work or school write that down.  If you were forced to pay for a ride service or rental car, keep notes and receipts on that too.

If you and the manufacturer can’t agree on how to fix the problem or the manufacturer ignores your complaints, Kentucky’s lemon law has a way to solve disagreements.  It looks at and decides if your vehicle is a lemon or looks at what other solutions you can get.  You and the manufacturer must go through an informal dispute resolution process. 

This process uses a neutral third party to solve disagreements. It is faster and cheaper than going to court. Every manufacturer should have a dispute resolution process that its customers can use. Kentucky law controls how the process works. 

Yes. The manufacturer should tell you about this process as soon as a dispute arises.  This process is free.  You have to go through this process before a lawsuit can be filed against the manufacturer. 

Contact the Kentucky Attorney General’s office at 502-696-5389. 

If you are going to go through the dispute resolution process, it is always best to have a lawyer represent you.  Some lawyers take lemon law cases and you don’t have to pay up front. You may want to look around for this kind of lawyer.

No.  The manufacturer can’t refuse to go through the dispute process if it is within the 2 years or 25,000 miles (whichever occurs first) of when you bought the vehicle.

By the time you get to the dispute resolution process, you have already sent a letter to the manufacturer listing the problems you have had with the vehicle, what you did to try to fix the problems and your vehicle identification number (VIN).  You also told the manufacturer what you want to do to resolve the problem.

Now you and the manufacturer need to submit documentation about the vehicle's repair history, warranty details, and any other relevant information.  You should submit the records that you kept.   Things like the receipts for what you paid for the repairs, your notes about the amount of time that the automobile was in the shop and the expenses you had because of the vehicle’s problems.

Unless you agree in writing to have your dispute decided based on just the documents you and the manufacturer submitted, you have the right to a hearing.  It will be either mediation or arbitration.

Mediation is where a neutral third party helps to find an agreeable solution for both you and the manufacturer.  This is done by talking back and forth about the issue.

Arbitration is where a neutral arbitrator listens to both sides and makes a binding decision. 

Under Kentucky law, the decision is binding on the manufacturer. This means they have to follow the decision.  

You can choose to reject the decision and take further legal action in court.  The only time you can’t take it to court is if you signed a statement that specifically says you agreed to use this dispute resolution process instead of going to court. 

You must bring the lawsuit within 2 years after the date of the original delivery of the vehicle. Remember: you can only start a court action after you go through the dispute resolution process.

If you are going to go to court, it is always best to have a lawyer represent you.  Some lawyers take lemon law cases without you having to pay up front.  You may want to look around for this kind of lawyer.

No, not using Kentucky lemon Law. Kentucky’s lemon law does not make the dealer responsible for manufacturing problems. If you think, the dealership did something wrong, talk to a lawyer about other things the dealer did that maybe broke other  consumer protection laws.

KRS 367.840 though KRS 367.846