Lemon Car Law in Missouri
Buying a car can be exciting and worrying at the same time. What happens if your car is a "lemon" and just doesn't work well, no matter what you try? If you live in Missouri, you may have some legal recourse under the state's lemon law provisions. These protections don't apply to all cars, or all car owners, so you'll have to be aware of when they can be used before you can take advantage of them.
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New Cars
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The Missouri New Vehicles Warranty Law, commonly referred to as the "lemon law," covers manufacturer's express warranties. These warranties are only given out on new cars, and as such, the law does not apply to used vehicles. Any car that is leased or sold in the state of Missouri, or sold as a lease-purchase or demonstration car, is covered under the law. Whenever a consumer experiences a problem with their new car the law imposes a duty to notify the manufacturer in writing. It allows any manufacturer a reasonable number of tries to correct the problem before they have to replace the car or provide equal compensation.
Problems
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Whenever a consumer experiences a problem with their new car, the law imposes a duty to notify the manufacturer, or their agent (the dealer) in writing. The problems that can be covered under the provisions of the lemon law apply to any problem arising out of the express warranties given by the manufacturer or their authorized agent. These problems must arise either during the express warranty period or during the first year of ownership, whichever expires first.
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Reasonable Attempts
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The Missouri Lemon Law applies to recurring problems, and allows a manufacturer a reasonable attempt at correcting them before they have to refund the purchase price or offer a settlement. For the purposes of the lemon law, an effort can be characterized as being beyond reasonable in two ways: Either the car has been in for repairs four or more times for the same problem; or the car has been out of service for 30 or more working days. If either of these factors are present, the repairs are no longer reasonable, and the manufacturer must either furnish a replacement vehicle or issue a refund.
Disputes
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If the car has been experiencing problems and the dealer or seller has been given a reasonable number of chances to repair the problem, and they refuse to give a refund, a consumer has the right to bring his complaint to the manufacturer. The law requires manufacturers to provide details of their complaint process, including rules about arbitration proceedings. Once the process is completed, the manufacturer may offer the consumer a settlement offer. The consumer can accept it, reject it or reject it and take the manufacturer to court.
Used Cars
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The Missouri lemon law only applies to new cars, and used cars are not offered the same protections. Dealers in Missouri are allowed to sell used cars "as is," meaning the dealer has no responsibility for any problems the car experiences after the buyer takes possession. This covers sales from individuals as well. While a consumer may have protections against defects in some used cars under different provisions of Missouri or federal law, the Lemon Law only covers new vehicles.
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References
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