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The lemon law for the state of Kentucky is coded in the Kentucky Revised Statutes 367.846 to 367.870. This statute protects the rights of the consumers in case their newly purchased vehicle does not confer to the warranty provided by the manufacturer.

Manufacturer’s obligation towards the warranty

In case the new vehicle sold to the consumer does not confer to the warranty promises then the manufacturer is obligated to correct the defect at his cost. The consumer however needs to intimate the manufacturer in writing about the defect.

If in the event that the defect does not get rectified even after repeated attempts, then the buyer gets the option of demanding either a replacement of his vehicle with a similar one, or a refund of the amount paid for the purchase.

The refund amount will include not only the purchase price, but all associated charges like taxes, fees, etc. related to the ownership of the vehicle.

Any amount attributable towards the normal wear of the vehicle is deductible from the above amount.

To attempt the repairs, the manufacturer will be permitted some reasonable number of attempts. He will be considered to have made serious attempt at repair if, he has tried it four times or has kept the vehicle un-operational due to repairs for at least thirty days during the warranty period.

Defenses available

The manufacturer can take a valid defense if he can prove that the defect does not hamper the safe use of the vehicle, or that the defect is caused due to some neglect, or misuse of the consumer.

Dispute resolution

The statute has made it mandatory each manufacturer to set up an impartial informal dispute resolution mechanism. The verdict of such a mechanism is legally binding on the manufacturer, but not on the buyer.

The non compliance of the award by the manufacturer will be deemed unlawful. The consumer is free to go in appeal against the award, unless he has entered into a contrary agreement with the manufacturer. If successful in such a suit, he will be entitled for damages and costs.

The US federal law governing lemons is officially called The Magnuson-Moss Warranty Act, however, most American states each have their own lemon law.


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