Kansas Lemon Laws

Statute # 50-645 - Motor Vehicle Warranties; Definitions; Consumer Rights And Remedies; Enforcement By Attorney General

  1. As used in this Act:
    1. "Consumer" is a person acquiring a vehicle to fulfill his family and personal needs rather than for purpose of resale.
    2. "Motor vehicle" is a self propelled vehicle used to travel from one terminus to the other and which doesn’t include,
      • Motorcycle or farm tractor
      • Trailer
      • Motor home
      • A motor vehicle with a gross loaded weight over twelve thousand (12,000) pounds.
  2. If a motor vehicle is defective and doesn’t conform to the applicable warranty, and the consumer reports the nonconformity to the manufacturer within the warranty period or during 1 year of the purchase, then the manufacturer is liable to make the necessary repairs to conform the vehicle to the warranty.
  3. If the manufacturer fails in removing the nonconformity after a number of attempts, then the manufacturer should either refund or replace the motor vehicle. The refund amount will comprise of full contract price plus all collateral charges, less a reasonable allowance for the consumer's use of the vehicle as calculated from the most recent edition of Your Driving Costs, published by the American Automobile Association.

    It’s an affirmative defense to any claim if,

    • The nonconformity reported by the consumer does not impair use, safety and value
    • The nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by a consumer.
  4. It shall be assumed that a reasonable number of attempts have been made to correct the nonconformity if,
    • The manufacturer has attempted the repairs four times or more times within the warranty period but the defect still exists.
    • The manufacturer has taken the vehicle to the repairing facility for a cumulative total of 30 or more calendar days during such term or period, but the nonconformity is still not removed.
    • The manufacturer or its agent has attempted the repairs of the nonconformity that impairs the use and value of the motor vehicle for 10 or more times but it still exists.
    The warranty period shall be extended incase of war, invasion, strike, fire, flood or other natural disaster.
  5. As stated in Kansas lemon laws, “if a manufacturer has established an informal dispute settlement procedure which complies in all respects with the provisions of title 16, code of federal regulations, part 703, as from time to time amended, the provisions of subsection (c) concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure”.
  6. The attorney general shall have the power to impose this section.

History: L. 1985, ch. 39, § 1; L. 1989, ch. 160, § 1; L. 1996, ch. 50, § 1; July 1.

Statute # 50-646 - Same; Other Remedies

Kansas lemon laws clearly states that, “nothing in this act shall in any way limit or affect the rights or remedies which are otherwise available to a consumer under the uniform consumer credit code, or to any person under the uniform commercial code, or to any person under this or any other law statutory or otherwise”.

History: L. 1985, ch. 39, § 2; L. 1989, ch. 160, § 2; July 1.