Missouri Lemon Law Blog

Each year, complaints about buying cars, having them repaired and getting them titled, top the list of consumer complaints reported to the Missouri Attorney General’s office. The Consumer Protection Division receives about 2,000 complaints each year.

The complaints include:

• Recently purchased new and used vehicles that do not operate properly
• Warranties that are not being honored
• Repairs that are paid for but do not get fixed

While it is impossible to avoid all problems with buying and repairing cars, there are steps one can take to help avoid disputes and rip-offs.

Following are some of Missouri’s basic motor-vehicle laws which would provide common-sense suggestions one can use when negotiating a Missouri used car purchase or arranging for repairs:

Missouri used cars and consumer disputes:

Because the Missouri lemon law does not apply to used cars, buying a used car requires more caution. The vehicle’s history plays a big role in its condition, and in most cases one does not get a warranty with the Missouri used car. The only saving grace is that you can save significant money when you buy a used car.

• Pay attention to the Buyer’s Guide, which the Federal Trade Commission requires dealers to display in the window of each used car offered for sale
• The Buyer’s Guide gives the basic information about the used car and includes a warranty section where one of two choices must be checked. The first is “as is -no warranty” and the second choice is “warranty”

Missouri used car buying – As Is: No Warranty:

• In Missouri, a dealer may sell a used car “as is”
• There are no specific warranties, and the warranties normally implied by the Missouri lemon law do not apply
• You are responsible for any repairs on an “as is” vehicle

The Missouri lemon law does not apply to used cars.

• If you buy a Missouri used car from a private individual, the sale is not covered by the FTC rule and you will not receive a Buyer’s Guide
• Most Missouri used cars sold privately are sold “as is” and without any warranties

Missouri used car warranty:

Check the Missouri used car warranty thoroughly to know:

• If the dealer is promising to pay some or all the costs of car repairs needed within the warranty period
• Get a thorough explanation in writing from the dealer of exactly what is covered and what is not
• Some warranties cover the car bumper to bumper, while others only cover certain parts like electrical systems or the power train
• Some warranties may exclude certain parts like brakes or tires
• If the car includes any of the manufacturer’s original warranty. These warranties typically expire after a certain number of years or miles are reached say, three years and 30,000 miles

Most dealerships sell extended warranties that cover as much or as little of the car as you choose. If you choose to buy an extended warranty, negotiate for what you think is a fair price.

Missouri used car title search:

Before buying a used car, do a title search using the car’s vehicle identification number  (VIN) for the following information to negotiate a better deal:

• Who has owned the car
• If it has been in an accident
• If it has been totaled
• If it has been stolen
• If it has been used as a rental car
• If the odometer is accurate
• How long has the dealer had it for sale

Missouri used car history

Two on-line companies which provide Missouri used car history are www.carfax.com and www.autocheck.com.

Log in and check for:

• A car’s history for about $20
• History of unlimited number of cars for about $5 more

Since some details may not show up on these reports it is essential to have your mechanic check the car.

If you have already landed a Missouri lemon used car you need a Missouri lemon law attorney on your side to help you get even with the fraudulent Missouri used car dealer. Since used car coverage under the Missouri lemon law appears to be nonexistent, you should consult Missouri lemon law attorneys immediately to check if you have grounds to sue the Missouri used car dealer. Getting back your money you spent on the used car in the state of Missouri might not be easy, but with the Missouri lemon law attorneys on your side you would stand a better chance of winning your case. Only a Missouri lemon law attorney is your best bet as he can choose the best recourse for your Missouri used lemon car. Missouri lemon law attorneys comprehend the Missouri lemon law system better and they can resolve problems far more efficiently.

Contact the attorneys at Krohn & Moss, Ltd. to stop your Missouri lemon car case from being dismissed, only because the car is used. If you like to find out whether you are entitled to money back, call 1-800-US LEMON® (800-875-3666) toll free to reach Krohn & Moss for your FREE initial consultation!

This is a brief discussion of some of the frequently asked questions as to how the Missouri lemon law works. If you live in Missouri and bought yourself a new car from a Missouri car dealership and you are not happy about the performance of the buy, it is time you met Missouri lemon law attorneys. Check these frequently asked questions about the Missouri lemon law if you suspect that your new or leased car is a lemon.

A lemon is a defective car that is found to have numerous or severe defects not readily apparent before its purchase. Any vehicle with these issues can be termed a ‘lemon,’ and, any product which has major flaws that render it unfit for its purpose can be described as a ‘lemon’.

Is there a time frame within which I should file my claim under the Missouri lemon law?

According to the Missouri lemon law, a time frame within which you should file your claim is earlier of:

• Six months following warranty term
• 18 months following original delivery to you

Which cars are covered by the Missouri lemon law?

The Missouri lemon law covers any new motor vehicle that:

• Is being transferred for the first time from a manufacturer, distributor or new vehicle dealer
• Has not been previously registered or titled
• Is offered for sale, barter or exchange by a dealer franchised for that particular make
• Includes demonstrators or lease purchase vehicles sold with manufacturer’s warranty

Which cars are NOT covered by the Missouri lemon law?

The Missouri lemon law DOES NOT cover:

• Commercial motor vehicles
• Off-road vehicles
• Mopeds
• Motorcycles
• Recreational motor vehicles, other than the chassis, engine, power-train and component parts
• Leased vehicles unless acquired through a lease-purchase

Does the Missouri lemon law cover used vehicles?

No, the Missouri lemon law DOES NOT cover used vehicles.

Which consumer is protected by the Missouri lemon law?

The Missouri lemon law covers:

• A Purchaser, other than for purposes of resale, of a new motor vehicle primarily used for personal, family, or household purposes
• Any person to whom the new motor vehicle is transferred for the same purposes during an express warranty
• Any other person entitled by the terms of the warranty to enforce its obligations
• A lessee unless the vehicle is acquired through a lease-purchase

What is the time period for first occurrence or notice, according to the Missouri lemon law?

According to the Missouri lemon law, time period for first occurrence of repairs or notice is:

• Earlier of the term of the express warranty
• One year following original delivery to the consumer

What is the time period for reasonable number of attempts to repair the vehicle, according to the Missouri lemon law?

According to the Missouri lemon law, the time period for reasonable number of attempts to repair the vehicle is NOT specified.

According to the Missouri lemon law, what is the presumption or definition of nonconformity?

According to the Missouri lemon law, the presumption or definition of nonconformity is as the following:

• During earlier of the term of the express warranty or within one year of the motor vehicle’s original delivery to a consumer four or more repair attempts
• During earlier of the term of the express warranty or within one year of the motor vehicle’s original delivery to a consumer out of service for 30 or more working days

According to the Missouri lemon law, who should I send the notice to, about the nonconformity?

According to the Missouri lemon law, you should give the notice to the manufacturer of your Missouri lemon vehicle.

According to the Missouri lemon law, how is the manufacturer obliged to respond to the notice I send?

According to the Missouri lemon law, the manufacturer is obliged to:

• Contact you immediately after the receipt of your first certified notice
• Repair the nonconformity within 10 days after delivery of vehicle to repair facility as final opportunity to repair it

What choice will I have if my claim to the Missouri lemon law is honored?

According to the Missouri lemon law you may

• Receive a replacement for your Missouri lemon vehicle
• Allow a repurchase of your Missouri lemon vehicle

According to the Missouri lemon law, will I have to forfeit any money as a reasonable allowance for the use of the vehicle?

A reasonable allowance for your use of the vehicle is NOT defined, according to the Missouri lemon law if you decide to receive a replacement for your Missouri lemon vehicle or allow the manufacturer to repurchase it.

The directives given above are not intended as legal advice. You may pursue your lemon law claim or any other dispute with your automobiles by being in communication with Missouri lemon law attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.

The Missouri New Vehicles Warranty Law, commonly called the Missouri Lemon Law, protects buyers of new vehicles by enforcing the manufacturer’s express warranty. Missouri lemon law covers new self-propelled vehicle primarily designed for use on public highways with a serious mechanical problem that was purchased or leased in Missouri.

The Missouri lemon law states that the mechanical problem should be first reported within the first 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 makes necessary repairs to conform the new vehicle to such express warranties, even after the expiration of express warranties or the one-year period.

The Missouri lemon law covers:

• All new vehicles sold or leased with warranty provisions
• Demonstrators or lease purchase vehicles as long as a manufacturer’s warranty was issued as a condition of the sale

The Missouri lemon law does not protect:

• Used Cars
• Commercial and off-road vehicles
• Mopeds and motorcycles
• The non-chassis portion of recreational vehicles
• Defects occurred due to the negligence on the part of the owner
• Defects occurred as a result of an accident involving the vehicle
• Problems resulted from modification or repair performed by a non- authorized person or facility

According to the Missouri lemon law

• A buyer is not allowed to return a car within a set time and expect a full or partial refund
• Ascertain from a dealer if he has a policy to rescind a purchase contract

To qualify to get the protection from the Missouri lemon law the mechanical problem in the vehicle must

• Substantially impair the use, market value, or safety of a motor vehicle
• Render the motor vehicle nonconforming to the terms of an applicable manufacturer’s warranty

The Missouri lemon law states protects your Missouri lemon law rights if

• The vehicle is in the custody of the manufacturer or its authorized dealer for repairs over a cumulative period of 30 calendar days or more
• Mechanical problem were first reported 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 is given a reasonable number of (4) chances to repair the mechanical problem in your vehicle
• You must send a certified letter to the manufacturer informing them of the nonconformity of the manufacturer’s warranty

In most cases, if a vehicle’s title is not properly transferred at the time of purchase, the sale is void according to the Missouri Lemon law. Before taking delivery of a new vehicle the Missouri Lemon law requires you to make sure the vehicle’s title has been transferred to you. The dealer typically does this by filling in and signing the transfer form on the back of the title. You then have 30 days to apply for a new title with the Missouri Department of Revenue before facing title penalties according to the Missouri Lemon law.

The Missouri Lemon law requires manufacturers to explain their complaint procedures to new car buyers. Most auto manufacturers have appeals procedures, with arbitration boards to resolve problems consumers have with the manufacturer or dealer. Check your owner’s manual for contact information for your manufacturer’s consumer appeals and arbitration center.

During or at the end of the dispute procedure, the manufacturer may make a settlement offer. You must decide whether to accept the offer or try to get a refund under the Lemon Law by going to court.

• You will receive a replacement vehicle of the similar value or a cash refund
• The manufacturer will buy back your vehicle, less the value for miles driven
• Before deciding on a particular course of action, it is wise on your part to consult expert Missouri lemon law attorney to determine the best course of action for your situation.

Keep all receipts and records concerning repairs to your vehicle. Note the purpose and date of all repairs along with the length of time your vehicle is in the shop. It is extremely important that you file with your Missouri lemon law attorney before your Missouri lemon law rights to do so expire.