KY Lemon Law Statutes

Kentucky Lemon Law Qualifications

Vehicles Covered

The Kentucky lemon law applies to a motor vehicle that:

  • Is intended primarily for use and operation on the public highways;
  • Is required to be registered or licensed in Kentucky prior to such use or operation;
  • Has been finally and completely assembled and is in the possession of a manufacturer, factory branch, distributor, wholesaler, or an authorized motor vehicle dealer; and
  • Is in fact new and on which the original title has not previously been issued;

The lemon law does not cover motor homes, motorcycles, mopeds, vehicles with more than 2 axles, farm tractors and other farm machines, and vehicles substantially altered after the initial sale from a dealer to an individual.

A "new motor vehicle" means a motor vehicle that:

  • Has been finally and completely assembled;
  • Is in the possession of a manufacturer, factory branch, distributor, or authorized dealer; and
  • Is in fact new and on which the original title has never been issued.

Consumers Covered

The lemon law covers any resident person who buys or contracts to buy a new motor vehicle in Kentucky. The lemon law also covers any resident person who leases a new motor vehicle in Kentucky after July 15, 1998. The lemon law does not cover subsequent purchasers or lessees.

Vehicle Converters

The lemon law applies to vehicle converters.

Problems Covered

The lemon law covers vehicle "nonconformities", which it defines as the failure to conform with an express warranty in a manner that substantially impairs the use, value or safety of the motor vehicle.

The lemon law provides the manufacturer with an affirmative defense if it can be shown that the nonconformity, defect or condition is the result of abuse, neglect, or unauthorized modification or alteration of the vehicle by the consumer.

Reasonable Number Of Repair Attempts

The Kentucky lemon law creates a presumption that a reasonable number of attempts have been made if, within the first 12,000 miles of operation or during the period of 12 months following the date of original delivery of the motor vehicle to the consumer buyer, whichever is earlier, either:

  • The same nonconformity, defect or condition has bee n subject to repair four or more times by the manufacturer, but the nonconformity, defect or condition continues to exist; or
  • The vehicle is out of service/use by reason of repair of the same non-conformity, defect, or condition for a cumulative total of at l east 30 calendar days. (This time period is extended by a reasonable time when a vehicle cannot be repaired due to the unavailability of parts or supplies as a result of war, invasion, civil unrest, fire, flood, or natural disaster.)

Kentucky Arbitration Requirements

Disputes arising under the lemon law provisions requiring repurchase or replacement must be resolved through the required informal dispute resolution system, prior to seeking any judicial relief.

Each manufacturer transacting business in Kentucky must offer to consumers a comprehensive informal dispute resolution system that accepts warranty disputes occurring during the earlier of the first two years or 25,000 miles of the consumer's or lessor's ownership of the motor vehicle. Note that this requirement is independent of the lemon law provisions, and requires arbitration of certain warranty disputes that might not be covered by the lemon law.

Guidance from the Attorney General indicates that t he dispute resolution provisions apply to any new motor vehicle that that would normally be used for personal, family or household purposes, regardless of how the individual buyer uses the particular vehicle that is the subject of the dispute. Any vehicle falling within the lemon law's definition of motor vehicle is covered by the dispute resolution provisions.

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