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Missouri Lemon Law

Missouri Lemon Law State Statutes

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LaCroix Law Firm

Educate yourself about the Magnuson-Moss Warranty Act (the federal lemon law), the lemon law process and the Missouri lemon law on new cars by reading the Missouri lemon law statute (below) to learn the Missouri lemon law definition and its presumptions. Then, connect with a free Missouri lemon law attorney for any and all help you need under the Missouri car lemon law. CarLemon.com is the only website you’ll ever need, for everything you’ll ever need, under the Missouri automobile lemon law! By the way, the Missouri Attorney General’s Missouri Lemon law Rights Consumer Guide is pretty good, too.

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Missouri Lemon Law Rights

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 inspections;

(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 of sale.

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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35 comments

  1. Danielle Jones

    I live in Missouri and I purchased a 2006 Nissan Murano and within the 30 days the transmission went out. What are my rights?

  2. My aunt bought a used car from a car lot. Not even a weak after she got it she had to replace the power steering pump. Then her power steering fluid and oil started to leak. Come to find out her racapinion was leaking. Then her transmission went out within a five week period. The dealer refuses to replace any parts. She’s only made one payment shhe doesn’t want the car she doesn’t want her money back but she wants them to take the car back and her not have to pay it off. Its a ford torrus. What should she do

    • When older used cars are purchased w/o a warranty, the lemon law doesn’t apply, and it becomes a game of how else to skin the cat. She may have EFTA or TILA rights attendant to her purchase, and other consumer protection laws may apply to other issues. Have her call us, we’ll give her a thorough consumer rights check up, no cost or obligation just free help.

  3. I bought a used car at an auction in Branson, MO. It broke down, overheated, on the way home (15 miles from the auction). The car belonged to the owner of the auction business and he drove it around as his personal vehicle. I’ve had it at several mechanics trying to get it repaired. Each one tells me it’s something different. The last one told me it was head gaskets and would cost more to fix than the car is worth. I can’t help but think he knew it had this problem when he sold it. He told me at first he would buy it back from me but has since changed his mind. Do I have a case to get my money back?

  4. Purchased a 2007 ford mustang from my local ford dealer on June 27 2015 took possession on June 30, was pulling out of a parking lot on July 4 ,2015 and accelerator stuck wide open causing a rear end collision with another vehicle . In the police report it even states that it was a manufacture defect because I laid 74′ of tire marks with my front tires , the car is undeliverable and My local dealer is saying it’s not on them ! Is there anything I can do ?

  5. I purchased a used 2012 Ford Fiesta a little over a year ago in Missouri. The car shutters and has had the clutch replaced 3 times. It is shuttering now and I know when I take it into the dealership they will replace the clutch. I was just there last month. What should I do?

    • I also bought a 2014 Fiesta. Replaced clutch, still shutters. it has been in for that at least three times and three other recalls. This is just a bad vehicle and I’m sick of taking my car to the shop. Did you ever get a reply

  6. i bought a dodge ram 2500 diesel in bonne terre Missouri about 5 to 6 weeks ago a week after i got it i took it to a dodge dealer to get a recall taken care of that they told me about when the dodge dealer looked at the truck they found the ac control head unit bad and the intake manifoled heater bad the recall was a service Bolton that was no longer good and they also found the oil pan gasket and the rear main seal on the engine leaking bad after 3 weeks of arguing with the car lot and the warranty i had payed for i finally got the OK that warranty was going to pay for all this then the dealer the truck is at went to take the transmission out to do the rear main seal job and they found the transmission bell housing is cracked in 2 and the back of the engine is also and the warranty company says they are not going to pay for the transmission and engine and there car lot i got the truck from says they wont take the truck back and are giving me the run around. i dont know what my rights are or how to handel this any advice on what i should do would be greatly appreciated. thanks

  7. I brought a used car I have the title but its not properly signed over what can I do ????

  8. I purchased a used vehicle 2weeks ago and the car dealership called back and said we couldn’t get the company, whom they told us would fund it before we signed papers, with our monthly payment; they couldn’t get the company to fund us. We traded our paid off vehicle in for this car and now we could potentially have nothing if they can’t get the company to fund us for the payments we want a month. Is there something we can do or should do?

  9. I purchased an older vehicle from a lady that I work with. She and her husband stated to me just what the problems of the vehicle were. Shamefully, I trusted her. A mechanic put on the rack and said that someone had dropped the engine and transmission when putting it into the car. The cracked the casing of the engine and transmission and jb welded it together. She says that she will try to make it right, but keeps putting me off. I am not in the position to pay insurance on a lawn ornament.

  10. My husband and I purchased a 2015 chevy. Our first time in shop was with an engine repair (engine lift). That was at 8,000 miles. Now we have had the air conditioning go out 3 times! It’s going back in the shop on Monday. Total time spent in shop since ownership is over 3 weeks. What are, if any rights do we have?

  11. I bought used car and very day got it water was leaking from radiator turned out blown head gasket called the used car salesman he told me buy another car my husnand left 4 kid to support i cant just throw my little money away what can i do

  12. My son bought a dodge stratus 2004 and with in 5 months of the sale the fly wheel had to be replaced since this did not fall under the warranty we had to pay for the replacement now we are being told that the drum is bad and rattling the car company denies any wrong doing and tells us we have to pay for the repairs. It also needed a tuneup the day he drove it off the lot. Is there any thing that can be done. I mean the car was in the shop for a month before the dealership made the decision to fix fly wheel at consumers expense.

    • Possibly, but we need more facts. You can call 888-595-9111 for a free, no obligation consult, or fax your purchase dox, warranty/service contract and repair orders to 866-773-6152 for a free, fast review.

  13. Bought a used 2006 Hyundai Elantra for step son to take bk to college. 2 days after purchase car would not start. Had to find shop n hv it towed. Dealership paid. Turns out it was PCM. Shop then had to tow to dealership. Was without vehicle for 8 days. Within in a day of getting it bk chk engine light came on n had trouble starting took bk to dealership. They say it had oil n gunk all where it shouldn’t be, cleaned it charged us. Dealership wont pay said not their problem. Car nvr passed emissions either. Now car was gone for another 3 days. Now son gets rdy to start first day of school n car won’t start. We had to pay to hv towed bk to dealership $90. And dealership is refusing to take any responsibility. This was 2nd vehicle we purchased from this place. At this point we want to return car n pick new one for the kid. What are our options we did get a warranty at time of purchase. Please help can’t help to think we ate being takin to cleaners

  14. I bought a 2014 VW Tiguan with 6000 miles from Dean Team Kirkwood. During test drive – I commented on its low price and was told that an executive properly drove it. In the morning, I noticed an imperfection in the rear passenger side because of the color – it was almost unnoticeable. When I looked closer, it was obvious that it had been in an accident.I called the dealership and they asked if I was in an accident which I wasn’t. I did a carfax and found it was a manufacturer buyback car – whichb is not in any of paperwork or titling.

  15. I just fot a 2005 Mercury Sable in 8/20/15 on trying to change the front tire ,u found out the frame was badly rusted what can i do about it with the dealer

  16. My 18 year old daughter bought a 2002 Chevy Impala from a used car dealer, after driving it about 7 miles to our home the car had trans fluid running from the cooling lines attached to the radiator, the lines are crossthreaded. the dealer offered to repair it, she took it back. the lines are still crossthread and still leak though not as bad. She was told the ac worked, the compressor was bad so I replaced it, ac still inoperative. Now the security system wont allow the car to start according to our mechanic. Many of the electrical contacts are very corroded. Mechanic says high possibility its a flood car. There are 33 reports on Carfax for the vehicle. we dont have $40 to get it. What can we do?

  17. I have purchased a new Chrysler 300 S with a 5.7L Hemi. After putting 2,000 miles on the vehicle a loud tapping noise started under the hood on the passenger side. I immediately checked fluids assuming the oil was low, but everything was fine. I called the dealership and they told me to bring it right in so they could take a look at it. I took the service manager for a ride in the car and he acknowledged that the tapping noise was present. I left the vehicle at the dealership and they had several other service technicians confirm that the noise was present. They also confirmed that it was present in other 5.7L Hemi vehicles on their lot. They have stated that this is a normal noise and it is not covered under the warranty. The vehicle now has nearly 4,300 miles on it.

    Three points:

    – I would not have purchased this particular vehicle had it made this loud tapping noise when I test drove it. The fact that the tapping appeared several weeks after my purchase indicates that something changed with the configuration or operational characteristics of the vehicle from the time of purchase until now.

    – This tapping noise effects my psychological health. I have no enjoyment when I drive, which was an activity that used to give me great joy. I am edgy and wound up after each experience in the vehicle. The value of this vehicle has been greatly diminished in my mind. I equate this noise to an alarm that cannot be shut off and must be endured during every moment in the vehicle. My entire life, I have considered a tapping noise in the engine to be a very bad sign and indicative of engine damage and eventual failure.

    – There is a tapping sound under the hood that I equate to normal drivetrain noise. Rocker arm chatter, fuel injector noise and the like. These noises are normal to my ears and I recognise what they are and why they are there. The load tapping noise that I hear is not present during idle or at low rpms. It manifests during a specific rpm band and when the engine is subject to acceleration load. Unfortunately, the rpm band where it is most noticeable is the highway speed cruising rpm band, between 1,500 and 2,500 rpm. The only way to operate this vehicle without hearing the tapping noise is by driving it in a manner that no reasonable driver would consider normal.

    I just want my vehicle fixed, and if it can’t be fixed I will move on to another manufacturer that does not have a bonus loud tapping feature that arrives a few weeks after purchase. I have recently test driven 5.7L Hemis that do not make this noise. My new 5.7L Hemi did not make this noise. Any advice?

  18. I have reviewed my warranty documentation and Chrysler requires that I have a conversation with the General Manager or Owner at the dealership. I have an appointment with the General Manager tomorrow.

  19. I bought a car from a lot and had to buy a motor and steering column I had it going on a year only drove the car less than have the time what should I do?

  20. i buying a van 2007 ND THEY DID SAY I HAVE 3 MONTHS WARRANTY ONIT from them but all i know is i just paid 1st payment and now i have paid second payment early, and the van seems to be no good its leaking oill from engine and the front is no good the arms are shot the u joint is shot both sides amrs n joints and the wheel shakes so easy because of it and one tire is very bald because of it and it not going to get any better, other things stopped working and seat in back parts fell off it when no one was even back there, we have to use a jump starter on it every day to start it. i dont know what to say or do, can i get some help please. its been over a month now. and i have a no good not safe car plus they had given me it said it was inspecte and it does not pass in spection so i dont know what to do on that either and i have not regestered it yet because im not sure what to do at this point but i need a good car and i dont want this one.
    Teresa

  21. Recently bought a used volkswagen passat a couple days later it completely died while driving and is still in the shop with over 2000 dollars repair the used car salesman agreed to pay 700 any way I could just get my money back from the car?

  22. I bought a truck from a lawn guy down there and he told me the truck was sound. The truck was a little rusty. And ask him if the frame was good. And told me yes it all sound come to find out it wasn’t the front horn is half rusted and the transmission mount rusted off. And there a crack in the frame. It also has a snow plow in the front of it. What can I do about this. This truck souldent even be on the road.

  23. I bought a 2012 nissan versa with 66,000 miles on it. I purchased an extended warranty. Within two weeks of having it the check engine light came on. We were told to take it to our mechanic of choice and have the sensor fixed. We got it to the mechanic and not only is it a sensor its also a belt. The car company today told us that their mechanic wanted to drive it to see if its a belt before they fix it. What are my rights? We havent even put a thousand miles on it or even made the first payment on it.

  24. I bought a brand new vehicle in Missouri, however I titled, registered and have had it serviced in TX. Now there is a safety issue with it (the vehicle shuts off b/t 15-20mph, i have it on video) and the dealer “doesnt know how to fix it”. What state do I fall under for lemon law purpose, TX or MO?

  25. I bought a brand new vehicle in Missouri, however I titled, registered and have had it serviced in TX. Now there is a safety issue with it (the vehicle shuts off b/t 15-20mph, i have it on video) and the dealer “doesnt know how to fix it”. What state do I fall under for lemon law purpose, TX or MO?

    Sorry for the duplicate comment, my email was inputted incorrectly.

  26. I’ve bought a 2016 kia soul since I’ve had it its been in and out of the shop 5 times with the same problem they keep telling me nothing is wrong with it now there are new problems with it so what are my rights and options I’ve only had the car 6 months and it is still under warranty

  27. Bought a 2009 Cadillac CTS with 39,000 miles from a certified dealer in Missouri in April of 2015, in December of 2015 my motor completely shot, it has been in the shop for 4 months now, what are my options?

  28. Purchased a car in Taylor Missouri and 30 days later the transmission went out. Before I purchased it I noticed a hard kick when shiftinggears but they checked it and said they would fix it when the other mechanic was in needless to say the other mechanic never showed up. They waited until I had to send the title off so I wouldn’t be penalized then they never contacted me again they also passed it on inspection when there was a huge crack in the windshield

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