Missouri Lemon Laws

Missouri Revised Statutes
Chapter 407

Section 407.560 - 407.579

407.560 - Definitions

As used in sections 407.560 to 407.579 of Missouri Lemon Laws, the following terms mean:

  1. "Collateral charges", are those superfluous charges to a consumer not directly imputable to a manufacturer's suggested retail price label for the new motor vehicle. These charges include sales tax, license fees, registration fees, title fees and motor vehicle inspections fees.
  2. "Comparable motor vehicle", a practically equivalent motor vehicle
  3. "Consumer" is,
    • A purchaser who purchases a motor vehicle to fulfill his transportation needs
    • A buyer who acquires a vehicle not for the purpose of resale
    • Any person to whom such motor vehicle is transferred within warranty period
    • A person who can enforce the obligations of warranty
  4. "Express warranty" or "warranty" is a written warranty offered at the time of sale of a vehicle which includes any terms or conditions patterned to the enforcement of obligations under the warranty.
  5. "Manufacturer" is a person or a firm engaged in the business of manufacturing, importing or assembling a motor vehicle.
  6. "New motor vehicle" means an automotive, bought by a resident of Missouri State, whose title has not been assigned to anyone yet. A vehicle manufactured as a passenger vehicle but doesn’t include a motor home, off-road vehicles, mopeds, motorcycles, or a vehicle having less than four wheels.

407.565 - Report of Nonconformity Required, When--Repairs, Duty of Manufacturer or Agent, When

If a new motor vehicle turns out as defective or does not conform to the express warranties, and the consumer notifies the defect to the manufacturer within the term of express warranties, or during 1year, then the manufacturer will be liable for making the repairs and conforming the vehicle to all express warranties, in spite of the fact that such repairs are made after the expiration of such term or such 1 year period.

407.567 - Replacement of Motor Vehicle or Refund of Purchase Price, When-- Allowance Deducted For Consumer's Use

  1. If after a reasonable number of attempts the manufacturer fails in removing the defects, then the manufacturer shall offer the consumer either a replacement motor vehicle or refund to the consumer the full purchase price, including all collateral charges, less a reasonable allowance for the consumer's use of the vehicle. The deduction of a reasonable allowance for use shall apply in both the conditions.
  2. Refunds shall be made to the consumer of record, if any, as their interests may appear.

407.569 - Affirmative Defenses

It shall be an affirmative defense to any claim under sections 407.560 to 407.579 that:

407.571 - Presumptions of Nonconformity--Exception

The court, in assessing any motor vehicle brought under Missouri Lemon Laws, shall acknowledge that a reasonable number of attempts have been made to remove the defects if:

407.573 - Warranty Extension, When--Complaint Remedies Information to Be Furnished--Notice to Manufacturer Required--Manufacturer's Duties, Time Limitation

  1. The terms of the express warranty, or the period of one year may be extended if the consumer has reported the problem but the manufacturer has not repaired by the expiration of the applicable time period.
  2. The consumer should inform the manufacturer about the nonconformity of a motor vehicle through a written notification. The manufacturer will inform the consumer about the accessible repair facility and shall have 10 days to remove the defects. Incase if an informal dispute settlement procedure has been established, it’s the duty of a manufacturer to inform the consumer about this program
  3. According to Missouri lemon laws, “any action brought under sections 407.560 to 407.579 shall be commenced within six months following expiration of the terms, conditions, or limitations of the express warranty, or within eighteen months following the date of original delivery of the new motor vehicle to a consumer, whichever is earlier, or, in the event that a consumer resorts to an informal dispute settlement procedure as provided in sections 407.560 to 407.579, within ninety days following the final action of any panel established pursuant to such procedure”.

407.575 - Manufacturer with Approved Settlement Procedure, Consumer's Duty

If a manufacturer has started an informal dispute settlement procedure which conforms to all the provisions of the code of Federal Regulations, 16 C.F.R. 703, provisions of sections 407.560 to 407.579 relating to refunds or replacements shall not apply to any consumer who has not first resorted to such procedure.

407.577 - Court action by Consumer, Costs, Expenses, Attorney's Fees, How Paid

  1. If a consumer prevails in the action, the court may award all the cost incurred upon the proceedings including attorney's fees to the consumer.
  2. If the court finds that the consumer has filed a case in bad faith, or for the harassment, then under sections 407.560 to 407.579 the court shall enforce the consumer to pay all the costs and reasonable attorney's fees incurred by the manufacturer.

407.579 - Consumer's Right To Other Remedies--Law To Apply, When

  1. According to Missouri lemon laws, nothing in sections 407.560 to 407.579, except as provided in subdivision (1) of section 407.560, shall in any way limit the rights or remedies which are otherwise available to a consumer at law or in equity.
  2. Sections 407.560 to 407.579 shall apply to any new motor vehicle sold after January 1, 1985.