Lemon Law in Missouri
- Lemon Law in Missouri
- Missouri Lemon Law Qualifications
- Missouri Lemon Law Remedies
- What qualifies as lemon law in Missouri?
- Does Missouri have a lemon law for used cars?
- What does “as is no warranty” mean?
- Does Kansas have a lemon law for used cars?
- What is the Consumer Protection Act in Missouri?
- What does the Magnuson Moss Warranty Act do?
- What is covered by the Consumer Rights Act?
- What is 407.020 of the Revised Statutes of Missouri?
- What does the Consumer Protection Act apply to?
- What is Missouri Statute 490.715 5?
As a Missouri resident, you may be eligible for protection under the state’s Lemon Law if you’ve purchased a new motor vehicle to use for personal or family purposes. This law covers cars, vans, and other non-commercial vehicles, but not mopeds, motorcycles, recreational vehicles, or off-road vehicles. The law is applicable if the car has been subject to four or more repair attempts, or has been out of service for thirty business days, during the warranty period or within one year of purchase.
If you believe your car qualifies as a lemon, you have the right to pursue a refund, replacement, or reimbursement for diminished value, along with any incidental and consequential costs. Qualifying consumers can also receive free representation from an attorney under the Missouri Lemon Law.
Even if your car is too old or has too many miles to qualify under the Lemon Law, you may still be able to get compensation through other relevant consumer laws – such as the Truth in Lending Act – that can help you trade out of your troubled vehicle or pay for repairs. With so many avenues of legal recourse available, it pays to know your rights and get expert advice if your car turns out to be a lemon.
Shopping for anything used requires the buyer to be on full alert. This is especially true with used cars. Even if a car is deemed “certified pre-owned” it still means it is a used car. For the most part, when you opt to purchase a used vehicle you’re buying that car “as is.” That means if anything breaks down, it’s on you. That is not necessarily the case with new vehicles.
If your new car breaks down and can’t be fixed you might have options to replace that car under the Missouri Lemon Law. Unfortunately, this Missouri state law (Chapter 407 in the revised statutes) does not cover used cars, but it does cover leased autos.
Missouri Lemon Law Qualifications
Merely proclaiming to all who will listen that you’re driving a lemon isn’t enough. Under the Missouri Lemon Law the car in question first needs to be a new car that is still covered under the original manufacturer’s warranty. This does not include motorcycles or off-road vehicles.
At the first sign of trouble in your car, you need to alert the car maker to give them the chance at repairs. This should be a “reasonable number of attempts.” Specifically, that means at least 4 shots at a fix. Then you qualify as having a lemon.
You can also qualify if your car was out of commission for at least 30 days because of this problem. Incidentally, the problem that is at issue needs to be the same problem. For instance, if you go into the shop for a transmission issue, get that fixed and then the following week have a brake issue that doesn’t always mean you have a lemon. For a lemon, it’s one issue at a time.
Missouri Lemon Law Remedies
Are you in Missouri and think you may have bought a defective vehicle? If so, the Lemon Law in Missouri can provide you with valuable legal rights. This law allows consumers to receive refunds or even replacement vehicles if their new vehicle turns out to be a lemon.
But you need to act quickly. The first step is to notify the manufacturer of an issue within one year of purchase or file complaints under the Magnuson-Moss Warranty Act if later than that. If you then take your car in for repair four times or it remains out of service for 30 business days due to a defect, you may qualify for Lemon Law coverage. In some cases, this coverage can be triggered after only one repair attempt.
If you believe you have a lemon, seeking the help of an attorney is the best way to proceed. A qualified lawyer can advise you on the specifics of filing a claim and will represent your case at no cost unless compensation is secured. They can also send written notice before your last repair attempt, as required by law. After bringing your car in for repairs again, you will submit your evidence to an arbitrator who will then decide how to award relief—this could include a full or partial refund or replacement vehicle. And if you are unsatisfied with their ruling, you can pursue your claim through a lawsuit.
Fortunately, only a very small percentage of these cases ever go to trial. So don’t wait any longer—speak to an attorney today and find out if you are eligible for coverage under the Missouri Lemon Law!
Once you’ve established that you do indeed have a lemon then the manufacturer has two options. They can either issue you a full refund or provide you with a replacement vehicle of the same value. Your option as the owner of the lemon allows you to pick which is better for you.
If you decide on the refund, the car maker will pay back the full purchase price of the car along with any taxes, registration or license fees you paid. Obviously, if you took out an auto loan, the bulk of this money will be going to pay that loan back. Technically, even if you give back the car, you’re still on the hook for the car loan.
If you decide on the replacement, the car will basically be the same kind of car you bought. You can’t turn in a lemon VW and get a BMW back. Before you take delivery of your replacement vehicle make sure to get a signed copy of the new warranty. Also, make sure the new car’s title is transferred over to you.
Most car makers have established arbitration boards to handle lemons. The Missouri Law allows for the car maker to work through these boards to find a remedy. If you are not satisfied with the outcome, you then have the right to take the carmaker to civil court and sue them. However, with that option, you’ll be paying for your lawyer fees and the carmaker’s lawyer fees if you lose the case.
What qualifies as lemon law in Missouri?
Under Missouri law, a car is considered a lemon if it has experienced problems or defects that significantly impair the vehicle’s use, safety, or value and have not yet been repaired after multiple attempts by the manufacturer. The consumer must present a valid complaint either in writing or orally and may be eligible to receive a replacement vehicle, refund of the purchase price, repair costs, and other associated costs.
Does Missouri have a lemon law for used cars?
Yes, the Missouri Lemon Law applies to both new and used vehicles when they are still under the original manufacturer’s warranty.
What does “as is no warranty” mean?
The term “as is no warranty” refers to a situation where a product or service is sold without an express or implied warranty from the seller. It means the buyer assumes all risks related to the quality and condition of the product or service. This type of agreement is usually found in the sale of used cars.
Does Kansas have a lemon law for used cars?
Yes, the Kansas Lemon Law applies to both new and used vehicles that are still under the original manufacturer’s warranty. The Lemon law provides consumers with remedies including refund, repair, replacement, cash settlement or reimbursement for incidentals in instances where there is significant impairment of a consumer vehicle due to defects that were not resolved despite reasonable attempts at repair.
What is the Consumer Protection Act in Missouri?
The Missouri Merchandising Practices Act (MMPA) is a state law that protects consumers from deceptive and unfair acts or practices in the marketplace. It contains provisions regulating such activities as land-based retail sales, door-to-door solicitation, telephone solicitation, internet sales, home improvement contracts, and more.
What does the Magnuson Moss Warranty Act do?
The Magnuson Moss Warranty Act is a federal statute that governs warranties on consumer products. It requires manufacturers and sellers of such products to disclose the terms of any written warranties offered to buyers. The act also provides consumers with remedies should written warranties be breached by the seller or manufacturer providing the warranty.
What is covered by the Consumer Rights Act?
The Consumer Rights Act covers matters relating to consumer protection, which includes making sure traders adhere to laws that protect consumers from unfair business practices or offering goods and services that don’t meet standards or descriptions outlined in initial agreements.
What is 407.020 of the Revised Statutes of Missouri?
Missouri Revised Statutes §407.020 deals with Motor Vehicle Warranties and sets out various rights and obligations regarding motor vehicle warranties between suppliers, dealers, and consumers. It also establishes certain remedies available to consumers in cases of breach of warranty by suppliers or dealers.
What does the Consumer Protection Act apply to?
The Consumer Protection Act applies primarily to consumer transactions involving goods and services purchased for personal, family, or household use. It regulates any activities deemed to be deceptive trade practices or unconscionable acts by suppliers, manufacturers, distributors, wholesalers, and retailers within the state of Missouri.
What is Missouri Statute 490.715 5?
Missouri Statute 490.715 5 states that any merchant who enters into a contract with a consumer for goods subject to this section shall provide notice informing the buyer that if any part of the goods alleged to be defective fails during a certain period of time after purchase then the consumer will get either a replacement product or their money back depending on how long ago the product was purchased..