Missouri Lemon Law Attorneys:
Alex Simanovsky & Associates, Llc
Free Lemon Law Help, Serving All Of Missouri Toll Free: 866-86-lemon 866-865-3666
Standards Of The Missouri Lemon Law
Vehicles Covered
The Missouri lemon law covers any new motor vehicle being 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; and that is offered for sale, barter or exchange by a dealer franchised to sell, barter or exchange that particular make of new motor vehicle. This includes demonstrators or lease-purchase vehicles as long as a manufacturer’s warranty was issued as a condition of sale.
The lemon law does not cover used vehicles, and appears not to cover leased vehicles unless acquired through a lease-purchase. The lemon law does not cover commercial motor vehicles, off-road vehicles, mopeds, motorcycles, and recreational motor vehicles other than the chassis, engine, powertrain and component parts.
Consumers Covered
The lemon law covers the following consumers:
- The 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 the duration of an express warranty applicable to the new motor vehicle; and
- Any other person entitled by the terms of the warranty to enforce its obligations.
Vehicle Converters
The lemon law applies to vehicle converters.
Vehicle Problems Covered
The lemon law covers any default or condition that impairs the use, market value or safety of the new motor vehicle to the consumer. This is referred to as a nonconformity.
The lemon law provides manufacturers with an affirmative defense if it can be shown that:
- The alleged nonconformity does not substantially impair the use, market value or safety of the new motor vehicle; or
- A nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the new motor vehicle.
Manufacturer's Duty To Repair A Vehicle
Manufacturer's Duty To Repurchase Or Replace A Vehicle
Reasonable Number Of Repair Attempts
The Missouri lemon law establishes a presumption that a reasonable number of repair attempts has been undertaken to conform a new motor vehicle to the applicable express warranties 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, either of the following occurs:
- The same nonconformity has been subject to repair four or more times by the manufacturer or its agents, and the nonconformity continues to exist; or
- The new motor vehicle is out of service by reason of repair of the nonconformity by the manufacturer, its 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 ex tended 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 its 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 its agent by the expiration of the applicable period.
Notice And Final Repair Attempt
Dispute Resolution
Time Period For Filing Claims
Remedies Under The Missouri Lemon Law
Repurchase
The Missouri lemon law sets out the following amounts that a manufacturer must pay when it repurchases a new motor vehicle under the lemon law:
- The full purchase price of the new motor vehicle; and
- All reasonably incurred collateral charges, meaning those additional charges to a consumer not directly attributable to a manufacturer’s suggested retail price label for the new motor vehicle, 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.
The manufacturer may refund to the consumer any sales tax, license fees, registration fees, and title fees paid by the consumer as a result of purchasing the vehicle, and then apply to the Department of Revenue for a refund of these amounts. Alternatively, the manufacturer may direct the consumer to apply to the Department of Revenue for a refund of any sales tax, license fees, registration fees, and title fees paid by the consumer as a result of purchasing the vehicle, provided the manufacturer also gives the consumer documentation to prove the consumer paid these amounts.
Refunds must be made to the consumer and lienholder of record, if any, as their interests may appear.
Replacement
Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.
Missouri Rules of Professional Conduct Rule 4-7.4 (2002).