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The Kansas Lemon Law

The Kansas lemon law ensures that Kansans who own or lease defective new vehicles aren't stuck with their lemons.

What Vehicles Does the KS Lemon Law Protect?

The lemon law in Kansas covers any new vehicle that weighs less than 12,000 pounds. The protection lasts for one year from the original date of delivery. The defect must substantially impair your use or the safety of the vehicle, or substantially reduce its market value.

There must have been at least four repair attempts for the same defect, or the vehicle must have been out of service for repairs for 30 or more calendar days in total for one or more defects, or there must have been 10 or more repair attempts during the protection period for any number of defects that impair your use of the vehicle or reduce its market value.

The defect cannot be because of neglect, abuse or unauthorized modifications to the vehicle.

I Own a Kansas Lemon. What Can I Do?

If your vehicle meets the criteria listed above, you need to contact the dealer and manufacturer. Speak to the owner or general manager of the dealership and let him/her know that you think you have a lemon vehicle.

Then write to the manufacturer before the protection period ends. Copy your notes, all repair orders and work invoices, and any supporting documentation you have, and include them with your letter. Remember to photocopy your letter and keep that copy for your records. Mail the letter by certified mail, return receipt requested.

Arbitration or Law Suit?

Submit a complaint to the manufacturer's dispute settlement program (if the manufacturer has a program, you must use it before you can proceed with a law suit). Any decision by the arbitrator is binding on the manufacturer, but not on you. If you disagree with the arbitration decision, the Kansas lemon law allows you to file a law suit.

If you do file a suit, I recommend that you consult a lemon law attorney, a lawyer who is experienced with the Kansas lemon law.

Kansas also allows you to file a complaint with the Attorney General's office.

Replacement or Refund?

The lemon law in Kansas allows you to choose a replacement vehicle or a refund.

If you choose a replacement vehicle, it must be one of comparable value to the lemon vehicle.

For a refund, you will receive the full purchase or lease price of the vehicle. If you still owe for the purchase or lease, the lien holder or the lessor and you will each be reimbursed based on their and your interests.

The manufacturer is allowed to deduct a reasonable use allowance based on the number of miles you have driven the lemon vehicle before returning it to the manufacturer.

Kansas Lemon Law Summary

The lemon law in Kansas protects anyone owning or leasing a defective new vehicle within the first year from the original date of delivery. Once the vehicle has had four repair attempts, or been out of service for 30 calendar days or more, or had 10 or more repair attempts for multiple serious defects, it's considered a lemon.

You can then proceed with an arbitration hearing to receive your replacement or refund. And if you don't receive what you think you're entitled to, move on to a lemon law suit.

NOTE:The information here is not legal advice and is only presented to you so you can know your options if you purchased a lemon. As with any legal issue, you should seek the advice of a qualified attorney.


 

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