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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.

Essentially, the Lemon Laws state that if you acquire (and in many states, lease) a brand new or pre-owned vehicle or other vehicle covered by a manufacturer's warranty that is extremely unreliable, and the original equipment manufacturer can't correct it in spite of persistent tries (inside a stipulated time limit that fluctuates from state to state), or if the automobile is not usable for a defined period of time (often 30 days) because of its shortcomings, you are qualified to a broad number of maltreats, including:

1. Money damages
2. A restitution of the purchase cost
3. A brand new car
Furthermore, virtually all the Lemon Laws (as well as the Federal Warranty Law) have a fee changing mechanism that states that if you win your suit, the original producer or dealership which sold you your lemon is required to pay court bills.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Although the attributes of each state's statute are different, the average state Lemon Law statute extends assistance for buyers with a broken-down vehicle covered by a warranty if:

1. The dealer or original producer cannot genuinely correct a particular deficiency in the product after a sensible number of repair attempts (commonly at least three);
2. The automobile cannot be used for at least 30 days due to shortcomings in the automobile; or
3. The dealership or original producer can't remedy a deficiency that is a endangering safety hazard.

Typically, a defective car is a car with a problem or condition that often impairs its usability, value, or safety to the consumer and does not comply with the warranty. Typically, the period of time during which the Lemon Laws are applicable are rather short; the defects and resultant repair attempts (or out-of-service period of time) occasionally will occur during the first 2-years or 24,000 miles that you own the car. However, a number of states have even shorter periods. Also, most states have notification and activation requirements, such as asking the consumer to send off registered mail notice to the original maker of the faults and affording the car dealership a period to remedy the automobile. Moreover, most states necessitate that Lemon Law claims be resolved through an arbitration proceeding.

Generally, state Lemon Law statues also apply to leased cars and used cars purchased whilst under the makers written warranty. A number of state Lemon Laws also are applicable to vehicles other than passenger cars. based upon the customer's home residence, or the state in which the consumer purchased the automobile, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer commodities (such as televisions)
There are a number of effective resolutions available under the Lemon Laws. Statesently, if the original maker just can't fix the car, the consumer may either require the original maker to replace the motor vehicle, or obligate the manufacturer to reposess the motor vehicle and return the original cost including accompanying damages, such as all invoices, towing charges, repair costs, alternative transportation charges and other damages incurred by the consumer as a result of the problems in the motor vehicle. Another important relief possible under most Lemon Laws is attorneys' expenses. In most states, if you prevail in a Lemon Law case, you will not have to pay any attorneys' charges-the car original equipment manufacturer that sold you your lemon is obligated to pay all of your legal expenses.

The defendant auto original maker can assert many defenses to a Lemon Law claim. The typical regulation provides that the original producer is not liable if it can show clearly that the troubles in question were caused by maltreatment, negligence, or the tampering or modification of a motor vehicle by somone other than the original producer, an agent, or an authorized repair facility. In other words, if the consumer maltreats his or her own motor vehicle, or the flaws were a consequence of modifications or changes executed by an unauthorized dealer, the original producer may not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer goods warranties. Passed by Congress in 1975, the Magnuson Moss Act requires makers and sellers of consumer products to give consumers itemized information about warranty coverage claims. Also, it determines both the rights of customers and the obligations of warrantors under manufacturer warranties.

Although the Magnuson Moss Act doesn't require an vehicle original producer to furnish customers with a warranty, if a warranty is supplied, the Magnuson Moss Act offers many 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 a violation of federal law, and by permitting purchasers to recuperate legal charges and reasonable laywers' fees.

The Magnuson Moss Act is typically applicable in a lemon suit where, for some reason, a state Lemon Law claim is not possible or otherwise disadvantageous. For example, contrary to the generally short time period provided to consumers with most Lemon Laws, you can file a claim for breach of warranty after the warranty period has passed as long as the troubles occurred during the warranty period. Moreover, although some Lemon Laws restrict their coverage benefits to a narrow list of automobiles, the Magnuson Moss Act applies to virtually all consumer products. The Magnuson Moss Act might also be applicable if you bought or leased a preowned automobile without a manufacturing business warranty, or if the automobile is covered by a service agreement or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in every U.S. state. It is the main foundation of law regulating consumer warranties, including automobiles and other items. The UCC provides an alternative legal avenue for customers with lemon troubles.

UCC code says that the purchaser of a product is entitled to return merchandise which break in any way to the agreement. Thus, if your brand new product doesn't function as endorsed by the manufacturer (your manufacturer warranty is part of your warranty), you may have a claim referencing the UCC in addition to whatever other claims you may have.

The time for bringing back a vehicle with the UCC is not limitless. If you notice a gremlin in your car inside a reasonable posession time period, you can return the motor vehicle. Unfortunately, new cars can be oftentimes mechanically complicated and you might not know whether your car conforms to the consumer agreement until after you acquire the motor vehicle and defects start to arise. So, if After this posession time period you don't refuse the motor vehicle, you will be said to have accepted it and will have no claim through the UCC.

The length of the review time period is not outlined in the regulation. The Courts determine how long the reasonable inspection period is based on the consumer's familiarity and personal experience, the consumer's difficulty in noticing the failing, and the consumer's opportunity to notice the fault.

In spite of this restriction, the UCC states that in certain cases where a consumer is said to have approved of goods (i.e. the reasonable inspection time has passed), a consumer can still disclaim his approval of those products where the non-conformity substantially cripples the value of the products to him. Those cases include suits in which it is toilsome to come across the nonconformity or the consumer was told that the non-conformity would be repaired. Re-stated, the court will excuse the consumer from not refusing 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 bringing it back to the car dealership for repair under the written warranty, the automobile lemon law can be your next course of action. The problem should be substantial in which it interferes with your driving the car or your safety. A car stalling frequently is a substantial problem. This is precisely the type of condition that could impair your driving and your safety. Under the vehicle lemon law you are not obligated to show why the motor vehicle is stalling, you merely have to establish that it is stalling. Put simply you need to check up on the lemon law in these 3 situations: the motor vehicle keeps breaking down inside the warranty period, the motor vehicle is a safety hazard, the dealer is not able to fix the motor vehicle when it is guaranteed.

If you have a vehicle which is a lemon you can directly write to the manufacturer and ask for a replacement vehicle. If this demand is not acceptable to the manufacturer, you could start into an arbitration process. A few makers use their own arbitration program. Other makers have external arbitration program like Autoline by the BBB. The proposal of the arbitrators is binding on the manufacturer but not on the owner. If unsatisfied with the proposition, the owner can take the manufacturer to court.

Virtually all regulations state that the consumer should be restored back to the financial situation they were in before they purchased the automobile, less the amount that the consumer benefited from by using the automobile. To get the payback amount various elements 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 motor vehicle might fall under regular lemon laws if it is less than a year old and has got fewer than 12,000 miles on the odometer. States that do have a used motor vehicle lemon law may be more accommodative with the age and measure of mileage. Still, the motor vehicle has to be sold by a dealership that offers a written warranty. Personal sales are not regulated, nor are automobiles sold under a certain purchase price. There could be other restrictions to a used car lemon law such as the proposes in which the automobile is used or the categorization of automobile. Vintage automobiles, are normally excluded from used car lemon laws. Used car lemon laws commonly cover a much shorter period than new car laws. They frequently range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When finding a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that apply to your state. Also enquire about the pricing structure. Many lemon law attorneys need a relatively modest retainer to handle a lemon law claim, and thenceforth, the lawyer's invoices are sent to the original equipment manufacturer. Basically, lemon law claims are oftentimes very affordable to consumers. The reimbursement of lawyer fees differs from state to state. About one-half of the states provide for you to recuperate your Lawyer bills if you win. The lawyer's fee is based on actual time expended instead of being bound to any other portion of the recovery. In many States, you will pay the manufacturer's lawyer's fees if you lose.

Consumers should put their concerns in writing and save a copy. In any written communication, always explain how problematic it is to return the car to the car dealership for repairs and that the dependability that the buyer believed He was acquiring has been non-existent. Any written communication with a car dealership or original equipment manufacturer should be sent using certified mail. In virtually all suits the makers claim that they have not had the needed number of efforts to correct the problem. They count on the fact that the buyer does not file repair sheets for each time they have taken the car into the repair facility. They also count on the fact that the repair sheets have different items fixed each period evidencing that they have not fixed the same problem. Consumers should respond by expecting that dealerships always grant them a warranty repair sheet. Consumers should also reason that these unwritten trips are attempts.

Make sure to be aware of your lemon law rights. Upon purchase, immediately review your owner's booklet and warranty references completely, along with the information concerning lemon law rights which you ought to receive when you purchase your automobile. Don't depend on your car dealership to teach you what defects are covered by warranty. If your car dealership states that a problem is not covered and you believe that he is purposely misleading you, be civil but surefooted. Don't be scared to go over the segment of the warranty that is relevant, or to call the manufacturing business for substantiation applying the contact info included inside your owner's booklet. You shouldn't be obligated pay for repairs pertained to lemon law complaints. It's also important to give notice the manufacturing business of a complaint promptly. If you suspect that your automobile has a problem what just can't be repaired, go over 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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