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 provide that if you acquire (and in many states, lease) a new or pre-owned vehicle or other vehicle with a manufacturer's warranty that proves to be defective, and the manufacturing business can't rebuild it even with persistent attempts (within a stipulated time limit that fluctuates from state to state), or if the product is not usable for a defined period of time (generally 30 days) because of its problems, you are eligible to a broad range of breaks, including:

1. Money damages
2. A payback of the purchase cost
3. A brand new automobile
In addition, almost all of the Lemon Laws (and the Federal Warranty Law) feature a fee switching mechanism that says that if you win your suit, the original producer or dealer that sold you your lemon is obligated to repay you for attorneys' expenses.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Even though the verbiage of each state's statute are different, the typical state Lemon Law statute offers compensation for consumers with a dilapidated vehicle sold with a warranty if:

1. The car dealership or original producer just can not properly remedy a specific deficiency in the motor vehicle after a reasonable number of repair efforts (normally at least 3);
2. The automobile can't be driven for at least 30 days due to troubles in the car; or
3. The dealership or original producer cannot remedy a defect that is a serious safety hazard.

In general, a defective car is a car with a defect or affliction that frequently degrades its usability, value, or safety to the consumer and does not maintain the standard of the warranty. Often times, the period of time during which the Lemon Laws apply are relatively short; the problems and resultant repair efforts (or out-of-service period of time) typically must happen during the first 2-years or 24,000 miles the owner has the motor vehicle. However, a number of states have even shorter time periods. Also, most states have notice and activation prerequisites, such as expecting the consumer to give registered post notice to the maker of the faults and establishing the car dealership a period to remedy the vehicle. Moreover, many states necessitate that Lemon Law cases be resolved through an arbitration system.

Generally, state Lemon Law regulations also are applicable to leased vehicles and used vehicles bought while under the manufacturing business* written warranty. A lot of state Lemon Laws also apply to vehicles other than passenger cars. based on the buyer's home state, or the state in which the consumer bought the car, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer products (like electronics)
There are a number of effective solutions possible under the Lemon Laws. Frequently, if the original producer just can't correct the car, the consumer may either require the original producer to replace the vehicle, or force the original producer to reposess the vehicle and return the original price paid plus accompanying costs, like all charges, towing fees, repair charges, alternative transportation costs and other costs incurred by the consumer as a consequence of the flaws in the vehicle. Another important resolution possible under most Lemon Laws is attorneys' fees. In most states, if you prevail in a Lemon Law case, you won't have to pay any legal charges-the car maker that sold you your lemon is required to pay for your attorney's expenses.

The defendant car manufacturer can use assorted defenses to a Lemon Law claim. The average statute provides that the original equipment manufacturer is not responsible if it can show clearly that the faults at issue came about because of misdeed, disregard, or the modification or tampering of a car by a party other than the original maker, an agent, or its authorized dealer. In other words, if the consumer breaks his or her own vehicle, or the troubles were caused by tampering or adjustments conducted by an unauthorized dealer, the original maker might not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer goods warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires makers and sellers of consumer items to give consumers comprehensive facts about warranty coverage claims. In addition, it regulates both the rights of public consumers and the obligations of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act doesn't demand an vehicle original equipment manufacturer to furnish consumers with a warranty, if a warranty is supplied, the Magnuson Moss Act provides some protections for the consumer. The Magnuson Moss Act makes it more easy for consumers to sue for breach of warranty by making breach of warranty an infraction of federal law, and by permitting public consumers to recuperate court costs and fair attorney's expenses.

The Magnuson Moss Act is often effective in a lemon lawsuit in which, for some reason, a state Lemon Law claim is not available or moreover unfavorable. For instance, contrary to the generally short cycle provided to customers inside most Lemon Laws, you can file a claim for breach of warranty after the warranty period has expired if the defects came about during the warranty period. Furthermore, although many Lemon Laws limit their coverage to a very specific list of automobiles, the Magnuson Moss Act is relevant to virtually all consumer items. The Magnuson Moss Act could also be applicable if you purchased or leased a expended vehicle without a manufacturing business warranty, or if the vehicle is covered by a service contract or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in all 50 U.S. states. It is the principal source of law regulating warranties on consumer goods, including motor vehicles and other items. The UCC affords an alternative legal channel for customers with lemon problems.

UCC code says that the purchaser of a product is entitled to return goods which fail in any way to the contract. So, if your recently purchased automobile does not function as endorsed by the manufacturer (your written warranty is part of your consumer agreement), you can file a claim referencing the UCC in addition to any other claims you might have.

The time period for taking back a vehicle with the UCC is not limitless. If you detect a failing in your motor vehicle within a sensible review period, you may reject the automobile. Unfortunately, brand new automobiles are oftentimes technically complicated and you might not acknowledge whether your item conforms to the warranty until long after you buy the item and problems start to develop. So, if Long after this review time period you don't reject the item, you will be pronounced to have accepted it and will have no claim through the UCC.

The duration of the review time period is not outlined in the statute. Courts determine how long the sensible review period is based on the purchaser's proficiency and past experience, the purchaser's trouble in coming upon the flaw, and the purchaser's chance to observe the problem.

In spite of this restriction, the UCC states that in certain examples where a buyer is pronounced to have accepted goods (i.e. the sensible review time has elapsed), a buyer may still abrogate his favorable reception of those products where the non-conformity often cripples the marketability of the products to him. Those examples include instances in which it proves arduous to discover the nonconformity or the buyer was guaranteed that the non-conformity would be repaired. In different words, the court will relieve the buyer from not rejecting the products where the buyer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a motor vehicle excessively breaks down and you have to keep taking it back to the car dealership for repair under the written warranty, the car lemon law might be your next refuge. The gremlin must be substantive where it hampers your driving the vehicle or your safety. A vehicle stalling constantly is a substantive gremlin. This is exactly the type of problem that can hamper your driving and your safety. Under the auto lemon law you are not required to establish why the auto is stalling, you merely have to verify that it is stalling. Put simply you need to check up on the lemon law in these three cases: the auto keeps failing inside the warranty period, the auto is a safety hazard, the dealership is not able to rebuild the auto when it is guaranteed.

If you own a car which is a lemon you can immediately write to the original equipment manufacturer and ask for another equivalent car. If this request is not satisfactory to the original equipment manufacturer, you can start into an arbitration process. A few makers have their own arbitration program. Other makers use outside arbitration program like Autoline by the Better Business Bureau. The assessment of the arbitrators is binding on the original equipment manufacturer but not on the buyer. If unsatisfied with the recommendation, the buyer can take the original equipment manufacturer to court.

Virtually all ordinances provide that the consumer should be returned back to the financial situation they were in before they purchased the automobile, less the amount that the consumer gained from by using the automobile. To get the refund amount a number of components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new pre-owned vehicles may qualify under regular lemon laws. For example, a pre-owned auto may fall under regular lemon laws if it is less than a year old and has got less than 12,000 miles on the odometer. States which do have a pre-owned auto lemon law will be more generous with the age and measure of mileage. Still, the auto must be sold by a dealership that extends a written warranty. Personal sales are not involved, neither are automobiles sold under a declared original cost. There may be additional restrictions to a used car lemon law such as the purposes for which the automobile is driven or the categorization of automobile. Classic cars, are ordinarily excluded from pre-owned auto lemon laws. Used auto lemon laws usually cover a much shorter time period than new auto laws. They frequently range from 30 to 90 days, based on your pre-owned automobile's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that are applicable to your state. Also enquire about the fee structure. Many lemon law attorneys call for a generally minor retainer to handle a lemon law claim, and afterward, the attorney's fees are charged to the original equipment manufacturer. In essence, lemon law claims are usually very affordable to customers. The reimbursement of lawyer fees differs from state to state. About half of the states allow for you to recuperate your Lawyer charges if you win. The lawyer's fee is based on actual time expended rather than being connected to any other portion of the recovery. In many States, you must pay the manufacturing business* attorney's fees if you lose.

Consumers ought to place their complaints in writing and hold a copy. In every written correspondence, always describe how difficult it is to return the motor vehicle to the dealership for work and that the reliability that the owner thought He was getting has been non-existent. Any written correspondence with a dealership or original equipment manufacturer must be sent using certified mail service. In almost all claims the makers claim that they have not had the necessary number of endeavors to fix the condition. They assume on the knowledge that the owner does not retain repair sheets for each occurance they have driven the automobile into the dealership. They also assume on the fact that the repair sheets have different items repaired each instance proving that they haven't repaired the same defect. Consumers should respond by expecting that sellers always grant them a warranty repair ticket. Consumers must also argue that these unwritten trips are efforts.

Make sure to be knowledgeable of your rights under the lemon laws. Upon purchase, immediately scan your owner's folder and warranty references completely, and the reference with respect to lemon law rights which you should get when you acquire your car. Don't bet on your dealership to tell you what problems are covered by warranty. If your dealership states that a defect is not covered and you think that he is purposely deceiving you, be genteel but confident. Don't be frighted to bring out the part of the warranty that is relevant, or to call the original producer for verification using the contact references included inside your owner's folder. You shouldn't be obligated pay for repairs pertained to lemon law complaints. It's also essential to give notice the original producer of a complaint straightaway. If you think that your motor vehicle has a problem that just can not be fixed, check into your lemon law rights to see when you are able to bring 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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