What are Lemon Laws?
A "lemon" is a new car with recurring problems that the dealership is unable to fix within a certain period of time (usually one year in Missouri). Lemon laws, therefore, are intended to protect consumers from being stuck with a new vehicle that is inoperable or seriously problematic. These laws don't protect buyers of used cars, although some states (not included Missouri) have similar but less-robust protections for used car purchases as well.
Missouri Lemon Laws at a Glance
The Missouri code section entitled New Motor Vehicle Warranties, Nonconformity, protects new car purchases for up to one year or when the express warranty has expired (whichever comes first). An express warranty is a verbal or written statement made by the manufacturer or dealer.
While "nonconformity" is generally defined as failing to meet the guarantees set forth by the warranty, it may include a bad transmission or even a botched paint job. If the problems cannot be fixed within the time limit, then the manufacturer has the option of either replacing it with a comparable vehicle or refunding the purchase.
Additionally, an automobile may be considered a lemon if it is out of service ("by reason of repair of the nonconformity") for 30 or more working days. This does not include routine maintenance, such as oil changes or checkups.
The following table lists additional details pertaining to Missouri lemon laws. See FindLaw's Lemon Law section to learn more.
|Code Section||407.560, et seq.|
|Title of Act||New Motor Vehicle Warranties, Nonconformity (Lemon Law)|
|Definition of Defects||Nonconformity to all applicable express warranties which significantly affects the use, market value, or safety of vehicle|
|Time Limit for Manufacturer Repair||Term of express warranties or during 1 year following date of original delivery to consumer, whichever expires earlier|
|Remedies||Manufacturer's option: replace with comparable new vehicle acceptable to consumer or take title from consumer and refund full purchase price, including all reasonably incurred collateral charges, less reasonable allowance for use|
Note: State laws are constantly changing -- contact a Missouri lemon law attorney or conduct your own legal research to verify the state law(s) you are researching.
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Missouri Lemon Laws: Related Resources
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