Kentucky Lemon Law Statute (Ky. Rev. Stat. § 367.840)

Ky. Rev. Stat. § 367.840 et seq. — the Kentucky Lemon Law — is the core KY statute providing refund or replacement for defective new vehicles. The statute is distinctive among peer states because attorney fees under § 367.844 are DISCRETIONARY rather than mandatory, and the 2-year action SOL under § 367.846 is shorter than Alabama or South Carolina 3-year peers.

Core eligibility

Under § 367.840, the statute covers:

• New motor vehicles purchased or leased in Kentucky after July 15, 1986 (and leased vehicles acquired after July 15, 1998).
• Personal, family, or household use.
• Self-propelled vehicles intended primarily for use on public highways and required to be registered in Kentucky.

Kentucky has no GVWR cap — it excludes by vehicle type, not weight. The statute excludes:

• Used vehicles — no separate KY Used Car Lemon Law.
• Motorcycles and mopeds.
• Motor homes (chassis may still be covered).
• Conversion vans.
• Farm machinery / farm tractors.
• Vehicles with more than two axles.
• Substantially altered vehicles.
• Commercial-only use vehicles.

“Consumer” covers both purchasers and lessees (for leased vehicles after July 15, 1998).

The 12-month / 12,000-mile Rights Period

§ 367.840 establishes the eligibility window:

• 12 months from original delivery, OR
• 12,000 miles, whichever first.

KY’s 12-month / 12K Rights Period is among the shortest combined Rights Periods in the country:

• 12-month combined: Kentucky, Alabama, South Carolina, Michigan (1-yr reporting), Tennessee, Illinois, Wisconsin, Colorado, Massachusetts, Missouri, Nevada, Louisiana
• 18-month: Virginia, Indiana (18-month / 18K)
• 24-month / 24K: Connecticut, Georgia, North Carolina, Texas, most other 2-year states

The short window demands fast action — document defects immediately.

Repair-attempt thresholds

Under § 367.842, the presumption applies when:

• Four or more repair attempts for the same nonconformity within the Rights Period; OR
• 30 or more cumulative calendar days out of service for repair.

The 4-attempt threshold joins the standard tier with Connecticut, California § 1793.22, Washington, North Carolina, Arizona, Colorado, Wisconsin, Minnesota, Indiana, Maryland, Missouri, Nevada, Louisiana.

Less consumer-favorable than 3-attempt jurisdictions (Tennessee, Massachusetts, Georgia § 10-1-783(b), Virginia § 59.1-207.13(B)(2), South Carolina, Oregon § 646A.402(1)(b)(A)).

Written notice required

§ 367.842 requires the buyer to report the nonconformity in writing to the manufacturer before the refund/replacement obligation attaches. This is a procedural prerequisite — skip it and the manufacturer has a defense.

Best practice:

• Send by certified mail with return receipt.
• Include vehicle VIN, date of delivery, current mileage, description of nonconformity, list of prior repair attempts, demand for refund or replacement.
• Keep certified-mail receipt AND return-receipt card.

DISCRETIONARY § 367.844 attorney fees

§ 367.844 provides that a court may award reasonable attorney’s fees to a prevailing plaintiff. The “may” language makes fees DISCRETIONARY rather than mandatory.

This is meaningfully weaker than peer states:

• Alabama § 8-20A-3(4) — mandatory.
• Tennessee § 55-24-204 — mandatory.
• North Carolina § 20-351.8 — mandatory.
• Virginia § 59.1-207.14 — mandatory + expert-witness fees.
• New Jersey § 56:12-32 — mandatory + expert-witness fees.

Similar to SC § 56-28-50 — also discretionary.

For KY consumers, the mandatory-character federal Magnuson-Moss § 2310(d)(2) fees are typically the load-bearing fee-recovery basis. See Magnuson-Moss article.

Damages — refund or replacement under § 367.842

§ 367.842 provides for refund or replacement:

• Refund — full purchase price + collateral charges + finance charges (typically after first report) + incidental damages, less a “reasonable allowance for use.”
• Replacement — comparable new motor vehicle.

See our refund and replacement guides.

Manufacturer IDS required first

If the manufacturer has a certified IDS procedure (16 C.F.R. Part 703 compliant), the consumer must first complete that procedure. Most manufacturers’ IDS in KY is:

• BBB Auto Line — Toyota, Honda, GM, Hyundai/Kia, Mercedes-Benz, others.
• Ford Dispute Settlement Board (DSB) — Ford / Lincoln.

KY does NOT have a state-administered Lemon Law arbitration board.

2-year action SOL — § 367.846

§ 367.846 provides:

“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.”

2 years from delivery is meaningfully shorter than Alabama and South Carolina 3-year peers but longer than Tennessee’s 1-year tier.

Bottom line

KY’s § 367.840 framework combines a tight 12-month / 12K Rights Period with a standard 4-attempt or 30-day OOS threshold, a 2-year action SOL, and discretionary § 367.844 attorney fees. The discretionary-fees structure makes the standalone Lemon Law theory weaker than peer states with mandatory fees. Successful KY lemon-law strategy leverages KCPA punitive damages and Magnuson-Moss federal fees — particularly Magnuson-Moss as the load-bearing fee-recovery basis.

Related

Article

Kentucky Consumer Protection Act (KCPA)

Ky. Rev. Stat. § 367.110 et seq. — KCPA actual damages + explicit PUNITIVE DAMAGES authorization under § 367.220(1), discretionary § 367.220(3) attorney fees, 2-year SOL under § 367.220(5). Distinctive punitive-damages framework among UDAPs.

Read → Article

Kentucky Repair-Attempt Presumption (4 attempts / 30 days OOS)

Ky. Rev. Stat. § 367.842 — standard 4-attempt threshold within the 12-month / 12K Rights Period, OR 30 cumulative calendar days OOS. Written notice to manufacturer is a procedural prerequisite.

Read → Article

Magnuson-Moss Warranty Act (Federal Overlay for KY Cases — Load-Bearing Fee Basis)

15 U.S.C. § 2301 et seq. — Federal Magnuson-Moss Warranty Act § 2310(d)(2) fees are the LOAD-BEARING mandatory-character fee-recovery basis for KY lemon-law cases given KY's double-discretionary state fees structure. 4-year UCC SOL backstop under Ky. Rev. Stat. § 355.2-725.

Read → Article

Kentucky Lemon Law Statute of Limitations

The deadlines on KY lemon-law claims — 2-year Lemon Law SOL (§ 367.846), 2-year KCPA SOL (§ 367.220(5)), 4-year UCC/Magnuson-Moss SOL (§ 355.2-725). 4-year UCC backstop is critical given KY's shorter state SOLs.

Read →