KS Lemon Law Statutes

Kansas Lemon Law Qualifications

The following is a brief explanation of most relevant provisions of the Kansas lemon law. The complete text of the lemon law can be found at Kansas Stat. Ann. section 50 - 645 et seq.

Vehicles Covered

The Kansas lemon law covers a new motor vehicle sold or leased in Kansas , that is registered for a gross weight of 12,000 pounds or less. The lemon law does not cover the customized parts of motor vehicles that have been added or modified by second stage manufacturers, first stage converters, or second stage converters. Guidance from the Kansas Attorney General's Office indicates that the lemon law does not cover used vehicles.

Consumers Covered

The lemon law covers the original purchaser or lessee, for purposes other than res ale, of a motor vehicle. (The lemon law does not apply to vehicle converters.)

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 l aw 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

If a motor vehicle does not conform to all applicable warranties, and the consumer reports the nonconformity to the manufacturer, its agent or authorized dealer during the term of an y warranties or within one year following the date of the motor vehicle's original delivery to a consumer, whichever comes first, then the manufacturer, its agent or authorized dealer must make the necessary repairs to conform the motor vehicle to the warranties. The necessary repairs must be made even if the warranty term or the one year period has expired.

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.

The term of any warranty, the one year period, and the 30 day period are extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike, fire, flood or other natural disaster.

Kansas Arbitration Requirements

The lemon law provisions requiring repurchase or replacement do not apply to a consumer who has not first used an informal settlement procedure that complies in all respects with Rule 703.

CLICK HERE to read more about Kansas Lemon Law

Recent Blogs