Lemon Law - Missouri
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.
As used in sections 407.560 to
407.579, the following terms mean:
(1) "Collateral
charges", those additional charges to a consumer not directly
attributable to a manufacturer's suggested retail price label for
the new motor vehicle. For the purposes of sections 407.560 to
407.579, "collateral charges" includes all sales tax,
license fees, registration fees, title fees and motor vehicle
inspections;
(2) "Comparable motor
vehicle", an identical or reasonably equivalent motor vehicle;
(3) "Consumer",
the purchaser, other than for the purposes of resale, of a new motor
vehicle, primarily used for personal, family, or household purposes,
and any person to whom such new motor vehicle is transferred for the
same purposes during the duration of an express warranty applicable
to such new motor vehicle, and any other person entitled by the
terms of such warranty to enforce the obligations of the warranty;
(4) "Express
warranty", any written affirmation of the fact or promise made
by a manufacturer to a consumer in connection with the sale of new
motor vehicles which relates to the nature of the material or
workmanship or will meet a specified level of performance over a
specified period of time;
(5)
"Manufacturer", any person engaged in the manufacturing or
assembling of new motor vehicles as a regular business;
(6) "New motor
vehicle", any motor vehicle being transferred for the first
time from a manufacturer, distributor or new vehicle dealer, which
has not been registered or titled in this state or any other state
and which is offered for sale, barter or exchange by a dealer who is
franchised to sell, barter or exchange that particular make of new
motor vehicle. The term "new motor vehicle" shall include
only those vehicles propelled by power other than muscular power,
but the term shall not include vehicles used as a commercial motor
vehicle, off-road vehicles, mopeds, motorcycles or recreational
motor vehicles as defined in section 301.010, RSMo, except for the
chassis, engine, powertrain and component parts of recreational
motor vehicles. The term "new motor vehicle" shall also
include demonstrators or lease-purchase vehicles as long as a
manufacturer's warranty was issued as a condition of sale.
407.565 Report of nonconformity
required.
For the purposes of sections
407.560 to 407.579, if a new motor vehicle does not conform to all
applicable express warranties, and the consumer reports the
nonconformity to the manufacturer, or its agent, during the term of
such express warranties, or during the period of one year following
the date of original delivery of the new motor vehicle to the
consumer, whichever period expires earlier, the manufacturer, or its
agent, shall make such repairs as are necessary to conform the new
vehicle to such express warranties, notwithstanding the fact that
such repairs are made after the expiration of such term or such
one-year period.
407.567 Replacement of motor
vehicle or refund of purchase price.
(1) If the manufacturer,
through its authorized dealer or its agent, cannot conform the new
motor vehicle to any applicable express warranty by repairing or
correcting any default or condition which impairs the use, market
value, or safety of the new motor vehicle to the consumer after a
reasonable number of attempts, the manufacturer shall, at its
option, either replace the new motor vehicle with a comparable new
vehicle acceptable to the consumer, or take title of the vehicle
from the consumer and refund to the consumer the full purchase
price, including all reasonably incurred collateral charges, less a
reasonable allowance for the consumer's use of the vehicle. The
subtraction of a reasonable allowance for use shall apply when
either a replacement or refund of the new motor vehicle occurs.
(2) Refunds shall be made to
the consumer and lien holder of record, if any, as their interests
may appear.
407.569 Affirmative defenses.
It shall be an affirmative defense
to any claim under sections 407.560 to 407.579 that:
(1) An alleged nonconformity
does not substantially impair the use, market value, or safety of
the motor vehicle;
(2) A nonconformity is the
result of abuse, neglect, or unauthorized modifications or
alterations of a motor vehicle;
(3) A claim by a consumer
was not filed in good faith; or
(4) Any other affirmative
defense allowed by law.
407.571 Presumptions of
nonconformity.
It shall be presumed that a
reasonable number of attempts have been undertaken to conform a new
motor vehicle to the applicable express warranties if within the
terms, conditions, or limitations of the express warranty, or during
the period of one year following the date of original delivery of
the new motor vehicle to a consumer, whichever expires earlier,
either:
(1) The same nonconformity
has been subject to repair four or more times by the manufacturer,
or its agents, and such nonconformity continues to exist; or
(2) The new vehicle is out
of service by reason of repair of the nonconformity by the
manufacturer, through its authorized dealer or its agents, for a
cumulative total of thirty or more working days, exclusive of down
time for routine maintenance as prescribed by the manufacturer,
since delivery of the new vehicle to the consumer. The thirty-day
period may be extended by a period of time during which repair
services are not available to the consumer because of conditions
beyond the control of the manufacturer or its agents.
407.573 Warranty extension.
(1) The terms, conditions,
or limitations of the express warranty, or the period of one year
following the date of original delivery of the new motor vehicle to
a consumer, whichever expires earlier, may be extended if the new
motor vehicle warranty problem has been reported but has not been
repaired by the manufacturer, or its agent, by the expiration of the
applicable time period.
(2) The manufacturer shall
provide information for consumer complaint remedies with each new
motor vehicle. It shall be the responsibility of the consumer, or
his representative, prior to availing himself of the provisions of
sections 407.560 to 407.579, to give written notification to the
manufacturer of the need for the repair of the nonconformity, in
order to allow the manufacturer an opportunity to cure the alleged
defect. The manufacturer shall immediately notify the consumer of a
reasonably accessible repair facility of a franchised new vehicle
dealer to conform the new vehicle to the express warranty. After
delivery of the new vehicle to an authorized repair facility by the
consumer, the manufacturer shall have ten calendar days to conform
the new motor vehicle to the express warranty. Upon notification
from the consumer that the new vehicle has not been conformed to the
express warranty, the manufacturer shall inform the consumer if an
informal dispute settlement procedure has been established by the
manufacturer in accordance with section 407.575. However, if prior
notice by the manufacturer of an informal dispute settlement
procedure has been given, no further notice is required.
(3) Any action brought under
sections 407.560 to 407.579 shall be commenced within six months
following expiration of the terms, conditions, or limitations of the
express warranty, or within eighteen months following the date of
original delivery of the new motor vehicle to a consumer, whichever
is earlier, or, in the event that a consumer resorts to an informal
dispute settlement procedure as provided in sections 407.560 to
407.579, within ninety days following the final action of any panel
established pursuant to such procedure.
407.575 Manufacturer with
approved settlement procedure.
If a manufacturer has established
an informal dispute settlement procedure which complies in all
respects with the provisions of the code of Federal Regulations, 16
C.F.R. 703, provisions of sections 407.560 to 407.579 concerning
refunds or replacements shall not apply to any consumer who has not
first resorted to such procedure.
407.577 Court action by
consumer.
(1) If a consumer undertakes
a court action after complying with the provisions of sections
407.560 to 407.579 and finally prevails in that action, he shall be
allowed by the court to recover as part of the judgment a sum equal
to the aggregate amount of costs and expenses, including attorney's
fees based on actual time expended, determined by the court to have
been reasonably incurred by the plaintiff for or in connection with
the commencement and prosecution of such action.
(2) If any claim by a
consumer under sections 407.560 to 407.579 is found by a court to
have been filed in bad faith, or solely for the purpose of
harassment, or in the absence of a substantial justifiable issue of
either law or fact raised by the consumer, or for which the final
recovery is not at least ten percent greater than any settlement
offer made by the manufacturer prior to the commencement of the
court action, then the consumer shall be liable for all costs and
reasonable attorney's fees incurred by the manufacturer, or its
agent, as a direct result of the bad faith claim.
407.579 Consumer's right to
other remedies.
(1) Except as provided in
subdivision (1) of section 407.560, nothing in sections 407.560 to
407.579 shall in any way limit the rights or remedies which are
otherwise available to a consumer at law or in equity.
(2) Sections 407.560 to
407.579 shall apply to any new motor vehicle sold after January 1,
1985.
407.583 Warranty repairs, labor
cost compensation to dealer.
When a dealer makes repairs to any
motor vehicle or vessel pursuant to any warranty provision, the
dealer shall receive from the manufacturer or distributor giving the
warranty, reasonable compensation for labor at a rate no less than
that posted by the dealer for labor not under warranty.
