When Is a Car a Lemon in Kentucky?

Under Kentucky law, a car becomes a “lemon” when it has a nonconformity that substantially impairs the use, value, or safety of the vehicle under § 367.840, AND the manufacturer has failed to repair the nonconformity within a “reasonable number of attempts” under § 367.842 — with written notice to the manufacturer as a procedural prerequisite.

The two pathways to “lemon” status

Pathway 1 — 4 repair attempts

• Four or more repair attempts for the same nonconformity by the manufacturer or its agents; AND
• Within the 12-month / 12,000-mile Rights Period.

Pathway 2 — 30 cumulative OOS days

• The motor vehicle is out of service due to repair attempts; AND
• For a cumulative total of 30 or more calendar days within the Rights Period.

Plus written notice requirement

§ 367.842 requires the buyer to report the nonconformity in writing to the manufacturer before the refund/replacement obligation attaches. Without written notice, the manufacturer has a defense even if the presumption is satisfied.

What counts as a “nonconformity”

A nonconformity is any defect or condition that substantially impairs at least one of:

• Use — vehicle cannot be driven normally, reliably, or comfortably.
• Value — defect substantially reduces resale or trade-in value.
• Safety — defect creates an unreasonable risk of injury.

Common nonconformities (see qualifying defects coverage):

• Transmission failures — CVT shudder, hard shifts, slipping.
• Engine failures — Toyota fuel pump (TMMK Georgetown — home-state), Ford EcoBoost LSPI (LAP/KTP Louisville — home-state).
• Brake failures.
• Electrical failures.
• Steering/suspension failures — Ford Super Duty death-wobble (KTP Louisville — home-state).
• Infotainment failures — backup-camera failure (FMVSS 111).
• EV/hybrid failures — Toyota/Lexus hybrids (TMMK — home-state), Corvette E-Ray (Bowling Green — home-state).

What does NOT make a car a lemon

• Owner abuse, neglect, or modification.
• Accident damage.
• Normal wear.
• Cosmetic complaints with no use, value, or safety impact.
• Defects on excluded vehicle types — motorcycles, mopeds, motor homes, conversion vans, farm machinery, vehicles with more than two axles, or commercial-only-use vehicles (KY has no GVWR cap).
• Used vehicles — KY has no separate Used Car Lemon Law.

Bottom line

A car is a KY lemon when:

1. The defect substantially impairs use, value, or safety under § 367.840,
2. The defect was reported within the 12-month / 12K Rights Period,
3. The § 367.842 presumption is satisfied — either 4 repair attempts OR 30 cumulative OOS days, AND
4. Written notice has been sent to the manufacturer by certified mail (required under § 367.842).

Once these elements are met, the consumer is entitled to refund or replacement under § 367.842 plus discretionary § 367.844 attorney fees — with additional KCPA punitive damages (where evidence supports) and Magnuson-Moss federal fees (load-bearing) potentially available.

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