Lemon Law in Kansas
Lemon laws are similar from state to state. They follow a similar format but have slight differences. Some states have more emphatic requirements in some areas. In the state of Kansas consumers who are the first lessee or purchaser of a new motor vehicle may follow lemon procedure if the motor vehicle is deemed a lemon.
The motor vehicle must first fit the necessary requirements. All vehicles that are twelve thousand pounds or fewer are eligible for lemon compensation. When a new motor vehicle has been deemed defectives and cannot be subject to repair upon attempt, the individual is eligible for lemon compensation through replacement or refund.
Prior to being named a lemon a motor vehicle must first be subject to various repair attempts. A reasonable number of attempts (3-4) must first take place before being presented to the manufacturer. Refunds are to include the full leasing or purchasing price of the motor vehicle as well as collateral cost. Often allowance of use will be deducted from the purchasing or leasing price.
Only motor vehicles that are still under their manufacturer’s express warranty are subject to lemon laws. If a motor vehicle is reported prior to the express warranty’s expiration, it is subject to repair even after the express warranty has expired. If the warranty has expired prior to reporting, then the vehicle will not qualify for compensation.
In the state of Kansas very few motor vehicles can be deemed a lemon because most repairs can be made fully. When a motor vehicle is to be declared a lemon, a third party shall intervene. Third party decisions in Kansas are only binding to the manufacturer. They are not binding to the consumer.
Kansas lemon law declares the consumers responsibilities as well as those of the manufacturer and dealer. Other rights and remedies towards the consumer shall not be limited.
When a motor vehicle is to be presented to a manufacturer, agent, or dealer for repair, the manufacturer, agent, or dealer is required by law to attempted a full repair of the defect. This repair must restore the motor vehicle to the manufacturing standard. If this standard cannot be met, the consumer is subject to fully compensation.
The defect in question must hinder the safety of the driver or passengers. Defects of radio equipment or cosmetic defects are not subject to lemon compensation.
A replacement motor vehicle will often first be provided for compensation. This motor vehicle is required to be of the same market value as the lemon vehicle. If a consumer chooses not to accept a replacement vehicle, he or she is subject to full refund.
Besides the full purchasing or leasing price, the consumer shall also receive all taxes paid and registration fees. If the motor vehicle has been subject to abuse outside of the defected area, the costs will be deducted from the purchasing or leasing price. All cosmetic additions to a motor vehicle will not be refunded, including extra painting or cosmetic alterations to the motor vehicle’s body.