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.

Put simply, the Lemon Laws specify that if you buy (and in several states, lease) a new or pre-owned vehicle or other vehicle with a warranty that is faulty, and the original producer can't repair it despite recurrent attempts (in a stipulated time limit that differs from state to state), or if the vehicle is out of service for a limited period of time (often 30 days) because of its shortcomings, you are entitled to a wide range of abuses, including:

1. Money damage settlements
2. A restitution of your purchase price
3. A brand new vehicle
In addition, just about all of the Lemon Laws (and the Federal Warranty Law) feature a fee transferring component which states that if you win your suit, the manufacturing business or car dealership which sold you your lemon is expected to pay legal bills.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has its own Lemon Law statute. Even though the protections of each state's statute are different, the general state Lemon Law statute extends relief for consumers with a unsound motor vehicle covered by a warranty if:

1. The dealer or manufacturing business cannot properly repair a specific deficiency in the car after a sensible number of repair attempts (generally at least 3);
2. The motor vehicle can't be driven for at least 30 days due to faults in the motor vehicle; or
3. The car dealership or manufacturing business cannot remedy a flaw that is a threatening safety hazard.

In general, a bad car is a car with a defect or condition that often degrades its drivability, economic value, or safety to the consumer and does not maintain the standard of the written warranty. In most instances, the period of time during which the Lemon Laws apply are rather short; the shortcomings and subsequent repair attempts (or out-of-service period of time) typically must take place during the first two-years or 24,000 miles of consumer ownership of the automobile. However, a number of states have even shorter periods. Also, many states have notice and initiation prerequisites, such as requiring the consumer to send off registered mail notice to the manufacturing business of the flaws and giving the dealership a period to correct the automobile. Moreover, many states necessitate that Lemon Law lawsuits be solved through an arbitration proceeding.

Generally, state Lemon Law statues also are applicable to leased vehicles and preowned vehicles purchased while under the manufacturing business* basic warranty. A lot of state Lemon Laws also apply to automobiles other than passenger automobiles. depending on the consumer's state of residence, or the state where the consumer purchased the automobile, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer goods (like computers)
There are many effective resolutions possible under the Lemon Laws. American Statesten times, if the original equipment manufacturer can't correct the vehicle, the consumer may either demand the original equipment manufacturer to replace the motor vehicle, or force the original equipment manufacturer to take the motor vehicle and return the price paid including incidental costs, including all invoices, towing costs, repair costs, related transportation charges and other costs incurred by the consumer as a consequence of the problems in the motor vehicle. Another important remedy possible under most Lemon Laws is litigation fees. In almost all states, if you prevail in a Lemon Law case, you will not have to pay any litigation charges-the car manufacturing business that sold you your lemon is expected to pay for your attorneys' fees.

The defendant motor vehicle original maker can implement assorted defenses to a Lemon Law claim. The average regulation affords that the original maker is not guilty if it can verify that the problems at issue came about because of misdeed, negligence, or the alteration or tampering of a vehicle by anybody other than the original maker, an agent, or its authorized dealer. In different words, if the consumer maltreats his or her own car, or the flaws were the fault of tampering or adjustments performed by a third party, the original maker could not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer merchandise warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturers and sellers of consumer commodities to provide consumers with itemized data about warranty coverage. Additionally, it regulates both the rights of public consumers and the obligations of warrantors under manufacturer warranties.

Although the Magnuson Moss Act doesn't demand an automobile maker to furnish customers with a warranty, if a warranty is offered, the Magnuson Moss Act affords numerous protections for the consumer. The Magnuson Moss Act makes it more easy for buyers to sue for not honoring the warranty by making breach of warranty an infraction of federal law, and by allowing customers to recuperate legal charges and fair attorneys' charges.

The Magnuson Moss Act is oftentimes beneficial in a lemon situation in which, for some reason, a state Lemon Law claim is not applicable or moreover unfavorable. For example, divaricate from the rather short period of time offered to customers inside almost all Lemon Laws, you can register a claim for breach of warranty after the warranty period has expired if the problems occurred during the warranty period. Moreover, although a few Lemon Laws restrict their coverage to a small list of motor vehicles, the Magnuson Moss Act is relevant to near all consumer goods. The Magnuson Moss Act could also be applicable if you bought or leased a preowned motor vehicle without a manufacturing business warranty, or if the motor vehicle is covered by a service agreement or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in every U.S. state. It is the prime authority of law regulating contracts dealing with the sale of products, including automobiles and other items. The UCC affords a legal channel for customers with lemon troubles.

UCC code stipulates that the consumer of a good is entitled to return products that break in any aspect to the contract. Basically, if your recently purchased car doesn't function as bound by the maker (your original warranty is part of your consumer agreement), you can file a claim referencing the UCC in addition to whatever other claims you might have.

The time for taking back a automobile with the UCC is not limitless. If you come across a gremlin in your car inside a reasonable review period, you can return the motor vehicle. Unfortunately, new automobiles are often technically complicated and you might not understand whether your automobile conforms to the warranty till after you acquire the automobile and defects begin to develop. Basically, if After this review time you fail to return the automobile, you will be stated to have approved of it and might have no claim through the UCC.

The duration of the review period is not defined in the regulation. Local courts determine how long the reasonable inspection period is based on the consumer's proficiency and past experience, the consumer's difficulty in finding the failing, and the consumer's chance to see the defect.

In spite of this limitation, the UCC says that in certain examples where a consumer is pronounced to have accepted goods (i.e. the reasonable inspection time has expired), a consumer may still take back his acceptance of those products where the non-conformity considerably impares the value of the products to him. Those instances include cases in which it proves challenging to reveal the nonconformity or the consumer was promised that the non-conformity would be fixed. In different words, the court will relieve the consumer from not rejecting the products where the consumer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a automobile excessively breaks down and you have to keep taking it back to the dealer for repair under the warranty, the auto lemon law might be your next course of action. The failing must be substantial where it hampers your driving the product or your safety. A product stalling frequently is a substantial failing. This is precisely the type of defect that can diminiah your driving and your safety. Under the motor vehicle lemon law you are not obligated to indicate why the motor vehicle is stalling, you merely have to prove that it is stalling. In essence you need to go over the lemon law in these 3 cases: the motor vehicle keeps breaking within the warranty time period, the motor vehicle is a safety risk, the car dealership is incapable to rebuild the motor vehicle when it is guaranteed.

If you have a product which is a lemon you can immediately write to the original equipment manufacturer and ask for a replacement product. If this requirement is not acceptable to the original equipment manufacturer, you can move into an arbitration program. A few makers have their own arbitration program. Other makers utilise external arbitration program like Autoline by the Better Business Bureau. The proposal of the arbitrators is binding on the original equipment manufacturer but not on the owner. If unsatisfied with the proposal, the owner can take the original equipment manufacturer to court.

Virtually all ordinances specify that the buyer must be restored back to the financial status they were in before they purchased the motor vehicle, less the amount of money that the buyer profited from by using the motor vehicle. To get the payback sum various elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new pre-owned cars may qualify under normal lemon laws. For example, a pre-owned motor vehicle might fall under normal lemon laws if it is less than 1 year old and has fewer than 12,000 miles on the odometer. States which do have a pre-owned motor vehicle lemon law might be extra cooperative with the age and measure of mileage. Still, the motor vehicle needs to be sold by a car dealership that extends a written warranty. Personal sales are not governed, nor are cars sold under a declared price paid. There could be additional restrictions to a used car lemon law such as the proposes for which the motor vehicle is utilized or the categorisation of motor vehicle. Vintage vehicles, are usually excluded from pre-owned motor vehicle lemon laws. Used motor vehicle lemon laws commonly cover a much shorter time period than brand new motor vehicle ordinances. They usually range from 30 to 90 days, depending on your used car's mileage.
When picking out a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that cover to your state. Also enquire about the pricing program. Many lemon law lawyers demand a rather minor retainer to cover a lemon law claim, and thereafter, the lawyer's fees are sent to the original maker. Thus, lemon law claims are usually very inexpensive to consumers. The reimbursement of attorney charges varies from state to state. About half of the states provide for you to recuperate your Lawyer bills if you win. The attorney's fee is based upon actual time logged instead of being bound to any percent of the recovery. In a few States, you will pay the manufacturing business* lawyer's invoices if you lose.

Consumers ought to register their complaints in writing and save a copy. In all written communication, always make clear how burdensome it is to return the automobile to the car dealership for repairs and that the dependability that the customer believed He was getting has been non-existent. Any written communication with a dealer or original maker needs to be sent using certified postal service. In almost all lawsuits the makers claim that they have not had the requisite number of tries to fix the defect. They rely on the knowledge that the customer does not file repair sheets for each occurance they have taken the auto into the repair facility. They also count on the fact that the repair sheets have different items repaired every time evidencing that they have not fixed the same defect. Consumers ought to respond by asking that dealerships always give them a warranty repair sheet. Consumers must also indicate that these unwritten trips are efforts.

Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately read your owner's booklet and warranty information completely, as well as the facts concerning lemon law rights which you ought to get when you purchase your vehicle. Don't bet on your dealership to tell you which problems are covered by warranty. If your dealership states that a defect is not covered and you think that she is decieving you, be civilized but self-assertive. Don't be frighted to bring out the part of the warranty that applies, or to call the original equipment manufacturer for verification applying the contact data included within your owner's booklet. You shouldn't have to pay for repairs linked to lemon law complaints. It's also important to notify the original equipment manufacturer of a complaint promptly. If you believe that your automobile has a problem which can't be fixed, look into your lemon law rights to see when you are able to submit 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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