Missouri Lemon Law
Missouri Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to Missouri consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RV’s, boats, computers and other consumer appliances and products. To qualify under the Missouri Lemon Law or the federal Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturer’s factory warranty. Lemon Law compensation can include a refund, replacement or cash compensation. If you think you qualify for a Lemon Law, click here for a free Missouri Lemon Law case review or for an immediate evaluation, simply fax your repair records to 866-773-6152. An experienced Lemon Law attorney will personally review your inquiry and records and quickly contact you for a free consultation.
For other useful Missouri Lemon Law information, click here to visit the Missouri State Lemon Laws Statutes and Guide pages. Or just keep reading below for the entire Missouri Lemon Law, or click here to read the federal lemon law.
Missouri Lemon Law
Title XXVI, Chapter 407, Sections 560 - 583
Missouri Lemon Law 407.560 Definitions.
As used in sections 407.560 to 407.579, the following terms mean:
(1) "Collateral charges", those additional charges to a consumer not
directly attributable to a manufacturer's suggested retail price label for the new motor
vehicle. For the purposes of sections 407.560 to 407.579, "collateral charges"
includes all sales tax, license fees, registration fees, title fees and motor vehicle
(2) "Comparable motor vehicle", an identical or reasonably
equivalent motor vehicle;
(3) "Consumer", the purchaser, other than for the purposes of
resale, of a new motor vehicle, primarily used for personal, family, or household
purposes, and any person to whom such new motor vehicle is transferred for the same
purposes during the duration of an express warranty applicable to such new motor
vehicle, and any other person entitled by the terms of such warranty to enforce the
obligations of the warranty;
(4) "Express warranty", any written affirmation of the fact or
promise made by a manufacturer to a consumer in connection with the sale of new motor
vehicles which relates to the nature of the material or workmanship or will meet a
specified level of performance over a specified period of time;
(5) "Manufacturer", any person engaged in the manufacturing or
assembling of new motor vehicles as a regular business;
(6) "New motor vehicle", any motor vehicle being transferred for the
first time from a manufacturer, distributor or new vehicle dealer, which has not been
registered or titled in this state or any other state and which is offered for sale,
barter or exchange by a dealer who is franchised to sell, barter or exchange that
particular make of new motor vehicle. The term "new motor vehicle" shall
include only those vehicles propelled by power other than muscular power, but the term
shall not include vehicles used as a commercial motor vehicle, off-road vehicles,
mopeds, motorcycles or recreational motor vehicles as defined in section 301.010, RSMo,
except for the chassis, engine, powertrain and component parts of recreational motor
vehicles. The term "new motor vehicle" shall also include demonstrators or
lease-purchase vehicles as long as a manufacturer's warranty was issued as a condition
Missouri Lemon Law 407.565 Report of nonconformity required.
For the purposes of sections 407.560 to 407.579, if a new motor vehicle does not
conform to all applicable express warranties, and the consumer reports the nonconformity
to the manufacturer, or its agent, during the term of such express warranties, or during
the period of one year following the date of original delivery of the new motor vehicle to
the consumer, whichever period expires earlier, the manufacturer, or its agent, shall make
such repairs as are necessary to conform the new vehicle to such express warranties,
notwithstanding the fact that such repairs are made after the expiration of such term or
such one-year period.
Missouri Lemon Law 407.567 Replacement of motor vehicle or refund of purchase price.
(1) If the manufacturer, through its authorized dealer or its agent, cannot
conform the new motor vehicle to any applicable express warranty by repairing or
correcting any default or condition which impairs the use, market value, or safety of
the new motor vehicle to the consumer after a reasonable number of attempts, the
manufacturer shall, at its option, either replace the new motor vehicle with a
comparable new vehicle acceptable to the consumer, or take title of the vehicle from the
consumer and refund to the consumer the full purchase price, including all reasonably
incurred collateral charges, less a reasonable allowance for the consumer's use of the
vehicle. The subtraction of a reasonable allowance for use shall apply when either a
replacement or refund of the new motor vehicle occurs.
(2) Refunds shall be made to the consumer and lien holder of record, if any,
as their interests may appear.
Missouri Lemon Law 407.569 Affirmative defenses.
It shall be an affirmative defense to any claim under sections 407.560 to 407.579 that:
(1) An alleged nonconformity does not substantially impair the use, market
value, or safety of the motor vehicle;
(2) A nonconformity is the result of abuse, neglect, or unauthorized
modifications or alterations of a motor vehicle;
(3) A claim by a consumer was not filed in good faith; or
(4) Any other affirmative defense allowed by law.
Missouri Lemon Law 407.571 Presumptions of nonconformity.
It shall be presumed that a reasonable number of attempts have been undertaken to
conform a new motor vehicle to the applicable express warranties if within the terms,
conditions, or limitations of the express warranty, or during the period of one year
following the date of original delivery of the new motor vehicle to a consumer, whichever
expires earlier, either:
(1) The same nonconformity has been subject to repair four or more times by
the manufacturer, or its agents, and such nonconformity continues to exist; or
(2) The new vehicle is out of service by reason of repair of the nonconformity
by the manufacturer, through its authorized dealer or its agents, for a cumulative total
of thirty or more working days, exclusive of down time for routine maintenance as
prescribed by the manufacturer, since delivery of the new vehicle to the consumer. The
thirty-day period may be extended by a period of time during which repair services are
not available to the consumer because of conditions beyond the control of the
manufacturer or its agents.
Missouri Lemon Law 407.573 Warranty extension.
(1) The terms, conditions, or limitations of the express warranty, or the
period of one year following the date of original delivery of the new motor vehicle to a
consumer, whichever expires earlier, may be extended if the new motor vehicle warranty
problem has been reported but has not been repaired by the manufacturer, or its agent,
by the expiration of the applicable time period.
(2) The manufacturer shall provide information for consumer complaint remedies
with each new motor vehicle. It shall be the responsibility of the consumer, or his
representative, prior to availing himself of the provisions of sections 407.560 to
407.579, to give written notification to the manufacturer of the need for the repair of
the nonconformity, in order to allow the manufacturer an opportunity to cure the alleged
defect. The manufacturer shall immediately notify the consumer of a reasonably
accessible repair facility of a franchised new vehicle dealer to conform the new vehicle
to the express warranty. After delivery of the new vehicle to an authorized repair
facility by the consumer, the manufacturer shall have ten calendar days to conform the
new motor vehicle to the express warranty. Upon notification from the consumer that the
new vehicle has not been conformed to the express warranty, the manufacturer shall
inform the consumer if an informal dispute settlement procedure has been established by
the manufacturer in accordance with section 407.575. However, if prior notice by the
manufacturer of an informal dispute settlement procedure has been given, no further
notice is required.
(3) 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.
Missouri Lemon Law 407.575 Manufacturer with approved settlement procedure.
If a manufacturer has established an informal dispute settlement procedure which
complies in all respects with the provisions of the code of Federal Regulations, 16 C.F.R.
703, provisions of sections 407.560 to 407.579 concerning refunds or replacements shall
not apply to any consumer who has not first resorted to such procedure.
Missouri Lemon Law 407.577 Court action by consumer.
(1) If a consumer undertakes a court action after complying with the
provisions of sections 407.560 to 407.579 and finally prevails in that action, he shall
be allowed by the court to recover as part of the judgment a sum equal to the aggregate
amount of costs and expenses, including attorney's fees based on actual time expended,
determined by the court to have been reasonably incurred by the plaintiff for or in
connection with the commencement and prosecution of such action.
(2) If any claim by a consumer under sections 407.560 to 407.579 is found by a
court to have been filed in bad faith, or solely for the purpose of harassment, or in
the absence of a substantial justifiable issue of either law or fact raised by the
consumer, or for which the final recovery is not at least ten percent greater than any
settlement offer made by the manufacturer prior to the commencement of the court action,
then the consumer shall be liable for all costs and reasonable attorney's fees incurred
by the manufacturer, or its agent, as a direct result of the bad faith claim.
Missouri Lemon Law 407.579 Consumer's right to other remedies.
(1) Except as provided in subdivision (1) of section 407.560, nothing in
sections 407.560 to 407.579 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.
Missouri Lemon Law 407.583 Warranty repairs, labor cost compensation to dealer.
When a dealer makes repairs to any motor vehicle or vessel pursuant to any warranty
provision, the dealer shall receive from the manufacturer or distributor giving the
warranty, reasonable compensation for labor at a rate no less than that posted by the
dealer for labor not under warranty.
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