Missouri Lemon Law Summary

Missouri Rev. Stat. §§ 407.560 through 407.579.

Motor vehicle covered

Missouri lemon law covers any new motor vehicle:

• Transferred for the first time from a manufacturer, distributor or new vehicle dealer
• That has not been registered or titled in the state or any other state
• That is offered for sale, barter or exchange by a dealer franchised to sell, barter or exchange
• Demonstrators or lease purchase vehicles as long as a manufacturer's warranty was issued as a condition of sale

Missouri lemon law excludes:

• Commercial motor vehicles
• Off-road vehicles, mopeds and motorcycles
• Recreational motor vehicles other than the chassis, engine, power-train and component parts

Nonconformity defined
Any default or condition that impairs the use, market value or safety of a new motor vehicle.

Warranty defined
An "express warranty" is any written affirmation of fact or promise made by a manufacturer to a consumer in connection with

• The sale of new motor vehicles that relates to the nature of the material or workmanship or a specified level of performance over a specified period of time

Manufacturer's obligation to repair

• If the consumer reports a nonconformity to the manufacturer or its agent during the term of the express warranties or during a period of one year following the date of the new motor vehicle's original delivery to the consumer whichever comes first, the manufacturer or his agent must make the necessary repairs to conform the new motor vehicle to the express warranties
• The necessary repairs must be made even after the expiration of the term of the express warranties or the one year periodThe necessary repairs must be made even after the expiration of the term of the express warranties or the one year period

Manufacturer's obligation to repurchase or replace
If the manufacturer, his agent or the authorized dealer is unable to conform the new motor vehicle to any applicable express warranty by repairing or correcting any nonconformity after a reasonable number of attempts, the manufacturer must, at its option, either repurchase or replace the new motor vehicle.

Criteria for reasonable number of repair attempts
Presumed if, within the express warranty term or during the period of one year following the date of the new motor vehicle's original delivery to a consumer, whichever expires earlier:

• The same nonconformity has been subject to repair four or more times by the manufacturer or his agents, and the nonconformity continues to exist
• The new motor vehicle is out of service by reason of repair of the nonconformity by the manufacturer, his agents or authorized dealer for a cumulative total of 30 or more working days, exclusive of down time for routine maintenance as prescribed by the manufacturer
• The 30 day period may be extended by a period of time during which repair services are not available to the consumer because of a conditions beyond the control of the manufacturer or his agents
• The term of the express warranty and the one year period following the date of the new motor vehicle's original delivery to a consumer may be extended if the nonconformity has been reported but has not been repaired by the manufacturer or his agent by the expiration of the applicable period

Notice of nonconformity and final opportunity to repair

• Before availing himself of the provisions of the lemon law, the consumer or the consumer's representative must give written notification to the manufacturer of the need for repair of the nonconformity, in order to allow the manufacturer an opportunity to cure the alleged nonconformity
• Upon receipt of the notice, the manufacturer must immediately notify the consumer of a reasonably accessible repair facility of a franchised new vehicle dealer
• After the consumer delivers the new motor vehicle to the authorized repair facility, the manufacturer has ten calendar days to conform the new motor vehicle to the express warranty

Refund

Refund consists of:

• The full purchase price of the new motor vehicleThe full purchase price of the new motor vehicle
• All reasonably incurred collateral charges including all sales tax, license fees, registration fees, title fees and motor vehicle inspections
• Less a reasonable allowance for the consumer's use of the vehicle

Replacement

Replacement is a comparable new motor vehicle acceptable to the consumer. The consumer must pay a reasonable allowance for use of a vehicle that is replaced.

• Reasonable allowance: Applies to both a refund and a replacement
• Refund of sales tax: Manufacturer refunds sales tax to the consumer

Attorney's fees
If a consumer prevails in an action under the lemon law, the court must award the consumer aggregate 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 the action.

Statute of limitations
An action must be commenced within six months following the expiration of the express warranty term or within 18 months following the date of the motor vehicle's original delivery to the consumer, whichever comes first.

This information is not intended as legal advice. Please direct your specific questions to K&M attorneys to know more about your lemon law rights in the state of Missouri. If you want to pursue your lemon law claim, call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation! Or submit your information online for your free case evaluation.