{"data":{"id":"us-ky/krs-367.842","jurisdiction":"us-ky","citation":"KRS 367.842","heading":"Options of buyer if manufacturer unable to repair nonconformity in new","body":"motor vehicle -- Rights of lienholder -- Resolution of disputes -- Dealer not\nliable.\n(1) If, after a reasonable number of attempts, the manufacturer or its agents are unable\nto repair the nonconformity in the motor vehicle to the express warranty during the\nfirst twelve thousand (12,000) miles of operation or during the first twelve (12)\nmonths following the date of delivery to the buyer, whichever is the earlier date,\nthat buyer shall report the nonconformity, in writing, to the manufacturer.\n(2) If, within the period specified in subsection (1) of this section, the manufacturer or\nits agents, are unable to repair or correct any nonconformity or defect that\nsubstantially impairs the use, value, or safety of the motor vehicle, after a\nreasonable number of attempts, the manufacturer, at the option of the buyer, shall\nreplace the motor vehicle with a comparable motor vehicle, or accept return of the\nvehicle from the buyer and refund to the buyer the full purchase price. The full\npurchase price shall include the amount paid for the motor vehicle, finance charge,\nall sales tax, license fee, registration fee, and any similar governmental charges plus\nall collateral charges, less a reason able allowance for the buyer's use of the vehicle.\nRefunds shall be made to the buyer and lienholder, if any, as their interests may\nappear on the records of ownership kept by the Department of Vehicle Regulation.\nThe provisions of this section shall not affect the interests of a lienholder, unless the\nlienholder consents to the replacement of the lien with a corresponding lien on the\nautomobile accepted by the consumer in exchange for the automobile having a\nnonconformity, the lienholder shall be paid in f ull the amount due on the lien,\nincluding finance charges and other charges, before an exchange of automobiles or\na refund to the consumer is made. It shall be an affirmative defense to any claim\nunder this section that:\n(a) The nonconformity, defect, or condition does not substantially impair the use,\nvalue, or safety of the motor vehicle; or\n(b) The nonconformity, defect, or condition is the result of abuse, neglect, or\nunauthorized modification or alteration of the motor vehicle by the buyer.\n(3) It shall be presumed that a reasonable number of attempts have been undertaken to\nconform a motor vehicle to the applicable express warranty if, within the first\ntwelve thousand (12,000) miles of operation or during the period of twelve (12)\nmonths following the date of original delivery of the motor vehicle to the buyer,\nwhichever is the earlier date:\n(a) The same nonconformity, defect, or condition has been subject to repair four\n(4) or more times by the manufacturer, but such nonconformity, defect, or\ncondition continues to exist; or\n(b) The vehicle is out of service/use by reason of repair of the same\nnonconformity, defect, or condition for a cumulative total of at least thirty\n(30) calendar days. The time period described in this paragraph shall be\nextended by a reasonable time when a vehicle cannot be repaired due to the\nunavailability of parts or supplies as a result of war, invasion, civil unrest, fire,\nflood, or natural disaster.\n(4) Disputes arising under subsection (2) of this section concerning refund or\nreplacement shall be resolved through the dispute resolution system established\nunder either KRS 367.860 to 367.870, or 16 C.F.R. part 703. Such remedy shall be\npursued prior to seeking any judicial relief under KRS 367.843.\n(5) Nothing in this chapter ma y be construed as imposing any liability on a dealer or\ncreating a cause of action by a consumer against a dealer.\n(6) Nothing in this section shall in any way limit the rights or remedies which are\notherwise available to a buyer under any other law.\n(7) Any agreement entered into by a buyer for the purchase of a new motor vehicle\nwhich waives, limits, or disclaims the rights set forth in this section shall be void as\ncontrary to public policy.\n(8) Any action brought pursuant to this section shall be commen ced within two (2)\nyears after the date of original delivery of the new motor vehicle to the buyer.\n(9) A court may award reasonable attorney's fees to a prevailing plaintiff.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40103","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:05Z","sha256":"f583906a4eb2ab9d8cbd3783c0d9fcc465d7198dea6579929f10f4d4d8fbc519","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.841","next":"us-ky/krs-367.843"},"notice":"GroundRules: Original legal text. Not legal advice."}