Standards Of The Kansas Lemon Law
Vehicles Covered
Consumers Covered
Vehicle Converters
The lemon law does not apply to vehicle converters.
Vehicle Problems Covered
The lemon law covers any problem that does not conform to all applicable warranties. This is referred to as a nonconformity. The Kansas lemon law provides manufacturers with an affirmative defense if it can be shown that:
- An alleged nonconformity does not substantially impair the use and value of the vehicle; or
- A nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle by a consumer.
Manufacturer’s Duty To Repair
Manufacturer’s Duty To Repurchase Or Replace A Vehicle
Manufacturer’s Duty To Repurchase Or Replace A Vehicle
Notice To The Manufacturer
Reasonable Number Of Repair Attempts
The Kansas lemon law establishes a presumption that a reasonable number of attempts has been undertaken to conform a motor vehicle to the express warranty if any of the following occurs:
- During the term of any warranty or within one year following the date of the motor vehicle’s original delivery to a consumer, whichever comes first, the same nonconformity that substantially impairs the use and value of the motor vehicle to the consumer has been subject to repair four or more times by the manufacturer, its agents or authorized dealers, and the nonconformity continues to exist;
- During the term of any warranty or within one year following the date of the motor vehicle’s original delivery to a consumer, whichever comes first, the motor vehicle is out of service due to repair for a cumulative total of 30 or more calendar days; or
- There have been ten or more attempts by the manufacturer, its agents or authorized dealers to repair any nonconformities that substantially impair the use and value of the motor vehicle to the consumer.
Dispute Resolution
Time Period For Filing Claims
Remedies Under The Kansas Lemon Law
Repurchase
The Kansas lemon law sets out the following amounts that a manufacturer must pay when it repurchases a motor vehicle under the lemon law:
- The full purchase or lease price; and
- All collateral charges;
- Less a reasonable allowance for use.
Refunds must be made to the consumer and lienholder, if any, as their interests may appear.
The reasonable allowance for use is that amount directly attributable to use by the consumer and any previous consumer prior to the first report of the nonconformity to the manufacturer, agent or dealer, and during any subsequent period when the motor vehicle is not out of service by reason of repair. The reasonable allowance is calculated from the most recent edition of Your Driving Costs, published by the American Automobile Association