Kansas Lemon Law Firms:
This is a list of law firms that are registered as specializing in Kansas lemon law cases.

Kansas Statutes Annotated 50-645

50-645 Motor vehicle warranties. Definitions; consumer rights and remedies.

(a) As used in this act:

(1) "Consumer" means the original purchaser or lessee, other than for purposes of resale, of a motor vehicle; and

(2) "motor vehicle" means a new motor vehicle which is sold or leased in this state, and which is registered for a gross weight of 12,000 pounds or less, and does not include the customized parts of motor vehicles which have been added or modified by second stage manufacturers, first stage converters or second stage converters as defined in K.S.A. 8-2401, and amendments thereto.

(b) If a motor vehicle does not conform to all applicable warranties, and the consumer reports the nonconformity to the manufacturer, its agent or its authorized dealer during the term of any warranties or during the period of one year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such warranties, notwithstanding the fact that such repairs are made after the expiration of any such term or such one-year period.

(c) If the manufacturer, or its agents or authorized dealers, are unable to conform the motor vehicle to any applicable warranty after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a comparable motor vehicle under warranty or accept return of the vehicle from the consumer and refund to the consumer the full purchase or lease price including all collateral charges, less a reasonable allowance for the consumer's use of the vehicle as calculated from the most recent edition of Your Driving Costs, published by the American automobile association. Refunds shall be made to the consumer, and lien holder if any, as their interests may appear. A reasonable allowance for use shall be that amount directly attributable to use by the consumer and any previous consumer prior to the first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair. It shall be an affirmative defense to any claim under this act that:

(1) An alleged nonconformity does not substantially impair such use and value; or

(2) a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by a consumer.

(d) If the manufacturer receives actual notice of the nonconformity, it shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable warranties, if:

(1) The same nonconformity which substantially impairs the use and value of the motor vehicle to the consumer has been subject to repair four or more times by the manufacturer or its agents or authorized dealers within the term of any warranty or during the period of one year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, but such nonconformity continues to exist;

(2) the vehicle is out of service by reason of repair for a cumulative total of 30 or more calendar days during such term or period, whichever is the earlier date; or

(3) there have been 10 or more attempts to repair any nonconformities which substantially impair the use and value of the motor vehicle to the consumer and such attempts to repair have been attempts by the manufacturer or its agents or authorized dealers.

The term of any warranty, such one-year period and such thirty-day period shall be extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike, fire, flood or other natural disaster.

(e) If a manufacturer has established an informal dispute settlement procedure which complies in all respects with the provisions of title 16, code of federal regulations, part 703, as from time to time amended, the provisions of subsection (c) concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure.

(f) The attorney general shall have jurisdiction to enforce this section.

In essence, the Lemon Laws specify that if you buy (and in various states, lease) a brand new or pre-owned car or other vehicle covered by a manufacturer's warranty that is defective, and the original maker cannot recondition it in spite of repeated tries (within a specified time limit that varies from state to state), or if the item is not drivable for a defined period of time (usually 30 days) because of its troubles, you are eligible to a broad range of damage settlements, including:

1. Money damages
2. A refund of the purchase cost
3. A brand new vehicle
Moreover, just about all of the Lemon Laws (and the Federal Warranty Law) have a fee switching component which provides that if you win your lawsuit, the manufacturing business or dealership that sold you the lemon is required to repay laywers' invoices.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Even though the wording of each state's statute vary, the average state Lemon Law statute extends remedy for consumers with a broken-down auto sold with a warranty if:

1. The dealer or manufacturing business cannot indisputably repair a specific fault in the motor vehicle after a reasonable number of repair efforts (generally at least 3);
2. The automobile cannot be driven for at least 30 days due to shortcomings in the car; or
3. The dealer or manufacturing business cannot correct a deficiency that is a considerable safety risk.

More often than not, a faulty automobile is a automobile with a problem or condition that frequently impairs its drivability, value, or safety to the consumer and doesn't conform to the written warranty. Frequently, the period in which the Lemon Laws apply are rather short; the flaws and resultant repair attempts (or out-of-service period of time) usually must happen during the first 2-years or 24,000 miles in which the purchaser owns the motor vehicle. However, a number of states have even shorter time periods. Also, almost all states have notice and activation prerequisites, such as wanting the consumer to send registered mail notice to the maker of the problems and affording the car dealership an option to correct the car. Additionally, numbers of states require that Lemon Law suits be settled through an arbitration program.

Generally, state Lemon Law statues also are applicable to leased cars and preowned automobiles bought whilst under the makers original warranty. A number of state Lemon Laws also apply to automobiles other than passenger automobiles. depending on the buyer's home residence, or the state in which the consumer bought the motor vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer items (like televisions)
There are many significant resolutions possible under the Lemon Laws. Statesally, if the maker just can not repair the vehicle, the consumer may either call for the maker to replace the vehicle, or obligate the maker to take the vehicle and refund the original cost along with accompanying damages, such as all charges, towing fees, repair charges, associated travel costs and other charges incurred by the consumer as a consequence of the faults in the vehicle. Another important remedy possible under most Lemon Laws is laywers' fees. In virtually all states, if you prevail in a Lemon Law case, you won't have to pay any attorneys' bills-the automobile original maker that sold you your lemon is obligated to pay for your attorney's bills.

The defendant automobile original equipment manufacturer can use several defenses to a Lemon Law claim. The average statute provides that the maker is not guilty if it can establish that the troubles at issue were caused by maltreatment, carelessness, or the tampering or alteration of a vehicle by anyone other than the original maker, its agent, or its authorized dealer. Put differently, if the consumer maltreats his or her own automobile, or the faults were the fault of modifications or changes executed by an unauthorized person, the original maker may not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer merchandise warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires manufacturing business and sellers of consumer items to provide customers detailed data about warranty coverage claims. Additionally, it shapes both the rights of consumers and the responsibilities of warrantors under manufacturer warranties.

Although the Magnuson Moss Act doesn't call for an automobile original equipment manufacturer to provide customers with a warranty, if a warranty is provided, the Magnuson Moss Act extends a number of protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for not honoring the warranty by making breach of warranty noncompliance of federal law, and by allowing purchasers to recoup legal costs and fair attorney's expenses.

The Magnuson Moss Act is oftentimes valuable in a lemon suit where, for some reason, a state Lemon Law claim is not possible or furthermore unfit. For example, divaricate from the relatively short time provided to consumers within almost all Lemon Laws, you may bring a claim for breach of warranty after the warranty period has expired if the defects occurred during the warranty period. In addition, although some Lemon Laws limit their coverage to a narrow list of vehicles, the Magnuson Moss Act is relevant to near all consumer products. The Magnuson Moss Act might also be applicable if you purchased or leased a expended car without a manufacturer's warranty, or if the car is covered by a third party service contract or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in every state. It is the principal foundation of law regulating product contracts, including motor vehicles and other items. The UCC affords another legal course for public consumers with lemon problems.

UCC code says that the consumer of a product is entitled to return products that do not perform in any respect to the contract. In essence, if your new product does not function as guaranteed by the manufacturing business (your original warranty is a portion of your warranty), you may file a claim referencing the UCC in addition to any other claims you might have.

The period for taking back a motor vehicle with the UCC is not unlimited. If you detect a flaw in your car within a reasonable review period, you can take back the motor vehicle. Unfortunately, brand new cars can be typically technically complicated and you may not know whether your car conforms to the agreement till long after you buy the car and troubles start to arise. Fundamentally, if After this review time you don't take back the car, you will be pronounced to have okayed it and might have no claim through the UCC.

The duration of the review period is not defined in the statute. The Courts determine how long the fair inspection period is based on the purchaser's knowledge and experience, the purchaser's trouble in seeing the fault, and the purchaser's chance to detect the deficiency.

In spite of this limitation, the UCC says that in certain examples where a consumer is alleged to have approved of products (i.e. the fair inspection time period has passed), a consumer may still repeal his approval of those product where the non-conformity frequently impares the marketability of the product to him. Those cases include lawsuits in which it proves laborious to reveal the nonconformity or the consumer was guaranteed that the non-conformity would be fixed. Put differently, the court will exempt the consumer from not refusing the product where the consumer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a motor vehicle excessively fails and you have to keep bringing it back to the car dealership for repair under the warranty, the motor vehicle lemon law can be your next course of action. The flaw should be significant in which it hinders your driving the item or your safety. A item stalling often would be a significant flaw. This is precisely the type of problem that could hinder your driving and your safety. Under the auto lemon law you are not expected to indicate why the car is stalling, you only have to verify that it is stalling. Thus you need to check the lemon law in these 3 cases: the car keeps breaking within the warranty time period, the car is a safety hazard, the car dealership is incapable to correct the car when it is guaranteed.

If you own a vehicle which is a lemon you can directly write to the manufacturer and ask for a replacement vehicle. If this requirement is not acceptable to the manufacturer, you can move into an arbitration process. A few manufacturing business* incorporate their own arbitration process. Other manufacturing business* utilize outside arbitration program such as Autoline by the Better Business Bureau. The judgment of the arbitrators is binding on the manufacturer but not on the buyer. If unsatisfied with the recommendation, the buyer can take the manufacturer to court.

Virtually all ordinances stipulate that the owner should be returned back to the financial position they were in before they purchased the vehicle, less the sum that the owner gained from by using the vehicle. To get the compensation amount several factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new pre-owned cars may qualify under basic lemon laws. For example, a pre-owned car may fall under regular lemon laws if it is less than one year old and has less than 12,000 miles on the odometer. States which do have a pre-owned car lemon law might be extra accommodative with the age and amount of mileage. Still, the car needs to be sold by a dealership that extends a written warranty. Private party sales are not governed, nor are automobiles sold under a declared price paid. There could be other restrictions to a used car lemon law such as the functions in which the vehicle is used or the classification of vehicle. Vintage motor vehicles, are usually excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter time period than new car laws. They oftentimes range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that cover to your state. Also enquire about the pricing structure. Many lemon law attorneys take a relatively small retainer to manage a lemon law claim, and afterward, the lawyer's fees are billed to the maker. Thus, lemon law claims are normally very affordable to consumers. The reimbursement of lawyer fees varies from state to state. About one-half of the states permit you to recover your Attorney expenses if you win. The lawyer's fee is based on actual time expended instead of being linked to any portion of the recuperation. In some States, you must pay the manufacturer's attorney's charges if you lose.

Consumers should record their concerns in writing and save a copy. In any written correspondence, always outline how burdensome it is to return the motor vehicle to the dealer for work and that the reliability that the purchaser believed He was receiving has been non-existent. Any written correspondence with a car dealership or maker should be sent using certified postal service. In almost all cases the manufacturing business* claim that they haven't had the requisite number of endeavors to repair the condition. They bet on the fact that the purchaser doesn't have repair sheets for each time they have taken the automobile into the authorized repair facility. They also depend on the fact that the repair sheets have seperate things fixed each period showing that they haven't repaired the same problem. Consumers should reply by expecting that dealers always hand them a warranty repair ticket. Consumers ought to also debate that these unrecorded visits are attempts.

Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately scan your owner's book and warranty information entirely, and the information with respect to lemon law rights which you should get when you buy your motor vehicle. Don't depend on your dealer to explain which problems are covered by warranty. If your dealer states that a problem is not covered and you believe that he or she is being deceptive, be polite but surefooted. Don't be frighted to bring out the section of the warranty that applies, or to call the original producer for verification using the contact information included with your owner's book. You should not have to pay for corrections related to to lemon law complaints. It's also important to give notice the original producer of a complaint as soon as possible. If you are suspicious that your car has a problem which just can not be remedied, check into your lemon law rights to see when you are able to file a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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