Kansas Lemon Law Firms and the Kansas lemon law code.

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.

Fundamentally, the Lemon Laws provide that if you buy (and in several states, lease) a brand new or used car or other vehicle covered by a manufacturer's warranty that does not work as intended, and the original equipment manufacturer just can't restore it despite duplicated tries (in a specified time limit that varies from state to state), or if the automobile is not usable for a defined time period (often 30 days) due to its flaws, you are qualified to a broad range of breaks, inclusive of:

1. Monetary restitution
2. A repayment of the original price
3. A brand new automobile
Moreover, nearly all the Lemon Laws (as well as the Federal Warranty Law) incorporate a fee shifting component which provides that if you win your case, the original maker or dealership that sold you your lemon is obligated to pay legal bills.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Even though the protections of each state's statute differ, the average state Lemon Law statute extends relief for buyers with a imperfect vehicle purchased with a warranty if:

1. The dealer or original maker can't properly remedy a specific flaw in the car after a reasonable number of repair attempts (usually at least 3);
2. The motor vehicle cannot be driven for at least 30 days due to problems in the car; or
3. The dealer or original maker just can't remedy a flaw that is a endangering safety hazard.

Generally, a defective vehicle is a car with a problem or trouble that substantially impares its use, marketability, or safety to the consumer and does not conform to the warranty. Often times, the time period in which the Lemon Laws are applicable are relatively short; the defects and consequential repair efforts (or out-of-service period of time) usually must take place during the first 2-years or 24,000 miles in which the purchaser owns the vehicle. However, a number of states have even shorter periods. Additionally, many states have notice and initiation requirements, such as wanting the consumer to send out registered mail notice to the manufacturing business of the flaws and establishing the dealer a period to repair the automobile. Also, numbers of states expect that Lemon Law suits be settled through an arbitration program.

Generally, state Lemon Law regulations also apply to leased automobiles and used automobiles bought whilst under the producers factory warranty. A number of state Lemon Laws also apply to automobiles other than passenger vehicles. depending on the consumer's home state, or the state where the consumer bought the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer commodities (like computers)
There are many powerful solutions possible under the Lemon Laws. American States most instances, if the manufacturing business just can't repair the car, the consumer may either require the manufacturing business to replace the motor vehicle, or make the maker to take the motor vehicle and return the original cost plus accompanying damages, like all fees, towing costs, repair costs, alternative travel charges and other charges incurred by the consumer as a result of the troubles in the motor vehicle. Another important relief possible under most Lemon Laws is attorneys' fees. In many states, if you prevail in a Lemon Law lawsuit, you do not have to pay any legal expenses-the auto maker that sold you your lemon is forced to pay all of your attorney's fees.

The defendant motor vehicle original producer can utilize various defenses to a Lemon Law claim. The typical statute affords that the original maker is not liable if it can affirm that the shortcomings in dispute were caused by harm, negligence, or the tampering or modification of a automobile by a party other than the manufacturer, an agent, or an authorized repair facility. Put differently, if the consumer damages his or her own motor vehicle, or the problems were the fault of tampering or changes conducted by an unauthorized party, the manufacturer might not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer product warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturers and marketers of consumer commodities to give consumers comprehensive facts about warranty coverage benefits. Additionally, it affects both the rights of public consumers and the obligations of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act doesn't call for an auto maker to provide buyers with a warranty, if a warranty is furnished, the Magnuson Moss Act offers some protections for the consumer. The Magnuson Moss Act makes it more easy for customers to sue for not honoring the warranty by making breach of warranty noncompliance of federal law, and by permitting public consumers to recover legal charges and sensible laywers' charges.

The Magnuson Moss Act is typically valuable in a lemon case where, for some reason, a state Lemon Law claim is not available or otherwise unsuited. For example, unlike the rather short cycle offered to public consumers with many Lemon Laws, you can record a claim for breach of warranty after the warranty period has passed as long as the defects occurred during the warranty period. Also, although a few Lemon Laws restrict their coverage benefits to a very specific group of motor vehicles, the Magnuson Moss Act applies to nearly all consumer products. The Magnuson Moss Act could also be applicable if you purchased or leased a used car without a manufacturer's warranty, or if the car is covered by a service agreement or other type 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 basis of law governing consumer warranties, including vehicles and other items. The UCC provides a legal channel for public consumers with lemon troubles.

UCC code states that the purchaser of a good is entitled to return product that break in any regard to the warranty. Fundamentally, if your brand new product doesn't function as pledged by the original equipment manufacturer (your original warranty is part of your warranty), you can have a claim referencing the UCC in addition to any other claims you might have.

The period of time for bringing back a motor vehicle with the UCC is not limitless. If you detect a deficiency in your motor vehicle within a sensible inspection period, you may refuse the motor vehicle. Unfortunately, brand new motor vehicles can be frequently technically complex and you might not recognize whether your car conforms to the contract till after you purchase the car and problems start to develop. Thus, if Following this inspection period you do not return the car, you will be alleged to have approved of it and will have no claim through the UCC.

The duration of the review period is not specified in the regulation. Courts determine how long the sensible review period is based on the buyer's knowledge and past experience, the buyer's trouble in observing the problem, and the buyer's opportunity to notice the flaw.

In spite of this restriction, the UCC provides that in certain examples where a purchaser is said to have accepted goods (i.e. the sensible review time has passed), a purchaser may still recant his approval of those goods where the non-conformity substantially impares the value of the goods to him. Those cases include lawsuits where it proves challenging to discover the nonconformity or the purchaser was ensured that the non-conformity would be fixed. Re-stated, the court will pardon the purchaser from not rejecting the goods where the purchaser could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a vehicle excessively fails and you have to keep bringing it back to the dealer for repair under the written warranty, the car lemon law might be your next recourse. The failing should be substantive in which it prohibits your driving the vehicle or your safety. A vehicle stalling frequently is a substantive failing. This is precisely the type of defect that could stymie your driving and your safety. Under the automobile lemon law you are not required to prove why the car is stalling, you only have to show clearly that it is stalling. Essentially you need to check up on the lemon law in these 3 situations: the car keeps dying within the warranty time period, the car is a safety hazard, the dealer is unable to fix the car when it is guaranteed.

If you have a car which is a lemon you can immediately write to the manufacturer and ask for a replacement car. If this requirement is not acceptable to the manufacturer, you can enter into an arbitration arrangement. A few manufacturing business* incorporate their own arbitration process. Other manufacturing business* have external arbitration program like Autoline by the BBB. The proposition of the arbitrators is binding on the manufacturer but not on the purchaser. If unsatisfied with the opinion, the purchaser can take the manufacturer to court.

Virtually all ordinances stipulate that the consumer ought to be restored back to the financial status they were in prior to purchasing the car, less the amount of money that the consumer profited from by using the car. To get the compensation total many factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new used vehicles might qualify under regular lemon laws. For example, a pre-owned car might fall under normal lemon laws if it is less than a year old and has fewer than 12,000 miles on the odometer. States that do have a used car lemon law may be more generous with the age and amount of mileage. Still, the car must be sold by a car dealership that supplies a written warranty. Individual sales aren't involved, nor are automobiles sold under a stated price paid. There could be additional restrictions to a used car lemon law such as the functions in which the car is pre-owned or the categorization of car. Vintage motor vehicles, are usually excluded from pre-owned car lemon laws. Used car lemon laws normally cover a much shorter period than new car laws. They frequently range from 30 to 90 days, depending on your pre-owned car's mileage.
When finding 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 lawyers take a relatively modest retainer to cover a lemon law claim, and subsequently, the lawyer's bills are charged to the manufacturing business. In essence, lemon law claims are oftentimes very inexpensive to public consumers. The reimbursement of lawyer bills varies from state to state. About one-half of the states allow for you to recuperate your Attorney charges if you win. The attorney's fee is based on actual time spent instead of being attached to any portion of the recuperation. In a few States, you must pay the manufacturer's lawyer's invoices if you lose.

Consumers ought to register their concerns in writing and save a copy. In every written correspondence, always describe how difficult it is to return the car to the dealer for repairs and that the reliability that the consumer believed He was buying has been non-existent. Any written correspondence with a dealer or manufacturing business ought to be sent using certified mail. In virtually all cases the manufacturing business* claim that they have not had the required number of endeavors to correct the defect. They assume on the fact that the consumer does not have repair orders for each time they have taken the car into the authorized dealership. They also bet on the fact that the repair orders have seperate parts fixed every instance evidencing that they haven't repaired the same condition. Consumers should respond by demanding that dealerships always grant them a warranty repair order. Consumers should also argue that these unwritten trips are efforts.

Make sure to be mindful of your lemon law rights. Upon purchase, immediately page through your owner's binder and warranty references completely, along with the facts on lemon law rights which you ought to receive when you buy your automobile. Don't depend on your dealer to outline what problems are covered by warranty. If your dealer states that a condition is not covered and you think that he is misleading you, be polite but surefooted. Don't be frighted to bring out the section of the warranty that is relevant, or to call the original producer for verification applying the contact references included with your owner's binder. You shouldn't be obliged pay for repairs connected to lemon law complaints. It's also necessary to notify the original producer of a complaint immediately. If you suspect that your car has a defect that just can't be fixed, go over 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.

Kansas Lemon Law Firms:

Kansas Cities:
Choose your City/Zipcode