Online Library - General Laws - Lemon Laws

The lemon laws of Kansas can be found in the Kansas Statutes under Sections 50-64-50-646. These laws safeguard the rights of a buyer who ends up buying a new vehicle with inherent manufacturing defects. The lemon laws may be invoked when a vehicle is under the manufacturer’s warranty period and the defects of the cars cannot be repaired even after repeated attempts.

The warranty on new vehicles in Kansas is-during the term of any manufacturer warranties or during the period of one year from the date of original delivery of the motor vehicle- whichever is the earlier date.

A vehicle is considered a lemon if:

A consumer reports non-conformity to the manufacturer.

The same defect has been repaired 10 times still the non-conformity exists.

It has been out of service, as it was under repair, for more than a cumulative total of 30 days.

If the defect has been reported within the first year or within the term of the warranty, whichever comes first.

It is important that the defect is inherent and persistent in nature because of which the vehicle is not meeting the standards proposed by the manufacture at the time of delivery.

The number of days of repair may exceed due to occurrences which are beyond the manufacturer’s control for e.g. declaration of war, floods, strikes and lockouts etc.

If the defect still exists, the consumer could go in for a refund with respect to the old vehicle then the manufacturer would have to refund him the full purchase price-which shall be inclusive of all collateral charges- after deducting a nominal allowance for the consumer's private use of such vehicle.

The consumer need not go for out of court settlement with the manufacturer. Even if he does, and is not contended with the outcome, he may still bring in a suit against the manufacturer in court. Moreover, the manufacturer's informal arbitration process must be in accordance with Federal Trade Commission regulations. The decision so arrived is a binding on the manufacturer but not on the consumer.

The US federal law governing lemons is officially called The Magnuson-Moss Warranty Act, however, most American states each have their own lemon law.


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