{"id":373469,"date":"2016-03-31T21:35:19","date_gmt":"2016-04-01T02:35:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/kansas-law\/kansas-lemon-laws.html"},"modified":"2016-06-20T19:48:43","modified_gmt":"2016-06-21T00:48:43","slug":"kansas-lemon-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kansas-law\/kansas-lemon-laws.html","title":{"rendered":"Kansas Lemon Laws"},"content":{"rendered":"\n
\n \n
\n

Kansas Lemon Laws<\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Buying a new car can be a fun process with test driving different options and finding the vehicle that\u2019s perfect for you and your family. But sometimes you take your new car<\/a> home and it turns out to be lemon. A lemon is a car that no matter what you do to it, still has the same old repair problems.<\/p>\n

Fortunately, states, including Kansas, have enacted lemon laws<\/a> to address this problem. Lemon laws spell out what types of vehicles and what types of problems with them are legally considered to be lemons. Most lemon laws only address new cars; this is also true in Kansas. Generally, only personal, not commercial-sized (over 12,000 lbs.) vehicles are covered, which is also true in Kansas. Then, the lemon laws spell out the procedure to get the problem addressed and what options are available if the problem is unfixable, such as a refund or replacement of the vehicle.<\/p>\n

For more on the lemon laws<\/a> in Kansas, see the following table.<\/p>\n\n
Code Sections<\/b><\/td>\nKansas Statutes Section 50-645: Motor Vehicle Warranties, Consumer Rights & Remedies, Enforcement by Attorney General<\/a> and 50-646: Other Remedies<\/a><\/td>\n<\/tr>
Definition of Defects<\/b><\/td>\nA defect that would make a new car be considered a lemon is a non-conformity to any applicable warranties that significantly impairs the use or value of the motor vehicle.<\/td>\n<\/tr>
State Agency<\/b><\/td>\nThe state agency that handles complaints about lemon cars<\/a> is the Kansas Attorney General\u2019s Office. You can file a complaint with the office online<\/a> or call the Consumer Protection Hotline at 1-800-432-2310 for more information.<\/td>\n<\/tr>
Time Limit for Manufacturer Repair<\/b><\/td>\nYou have to inform the manufacturer of the need for repair within one year from date of original delivery of vehicle to consumer or the term of any warranties<\/a>, whichever is earlier.<\/td>\n<\/tr>
Remedies<\/b><\/td>\nA manufacturer has a duty to repair or buy back a non-conforming vehicle after a \u201creasonable\u201d number of attempts. Reasonable attempts to fix will be presumed if:
\n
    \n
  • Vehicle has needed repair four or more times and the non-conformity (defect) continues to exist<\/li>\n
  • Vehicle is out for repairs for at least 30 days total in first year or while under warranty<\/li>\n
  • Manufacturer or its agents or dealers make 10 or more attempts to repair the vehicle that substantially impairs the use or value of the vehicle to the consumer<\/li>\n<\/ul>\n

    The manufacturer must replace the lemon with a comparable vehicle under warranty or accept return and refund full purchase price including all collateral charges, less a reasonable allowance for the consumer’s use (when the vehicle was, in fact, working).<\/p>\n

    The Uniform Commercial Code (UCC<\/a>) may also provide legal remedies depending on the circumstances.<\/p>\n<\/td>\n<\/tr>

Informal Dispute Settlement<\/b><\/td>\nThe manufacturer may have set up an informal dispute settlement<\/a> procedure that you should try to participate in it because if you don\u2019t at least first try it, then the replacement or refund remedies may not apply.<\/td>\n<\/tr><\/tbody><\/table>\n

If you\u2019ve bought a lemon and nothing you\u2019ve tried with the Attorney General\u2019s Office or the manufacturer\u2019s informal dispute settlement process is working, it could be time to bring in a lawyer. An experienced Kansas lemon law attorney<\/a> can tell you about your legal options and help you achieve a better outcome.<\/p>\n

Note:<\/i><\/b> State laws are updated constantly, so please confer with a lawyer or conduct your own legal research to verify these consumer laws.<\/i><\/p>\n

Research the Law<\/h2>\n