Lemon Law - Kansas
Lemon Law
Lemon Law - "Lemon
law" is that body of state law which defines an automobile
owners rights when the manufacturer is not able to repair the
automobile within the limits specified. In
such cases, the automobile is referred to as a "lemon",
and is subject to the conditions of the state lemon law.
Your Lemon Law:
Disclaimer:
These pages are created to inform and educate the public about lemon
law and under the lemon law in your state. They are not and
should not be considered legal opinions or advice as to whether you
have rights under lemon law or whether you should pursue "a
lemon law case". If after reading this information,
you believe you qualify, you should seek the advice and counsel of
an attorney specializing in lemon law in your state. Remember
that each state's lemon laws vary.
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.
