KANSAS LEMON LAW:
Kansas Lemon Law
Statutes 50-645 - 50-646
Statute # 50-645 Motor vehicle warranties; definitions; consumer rights and
remedies; enforcement by attorney general.
(a) As used in this act:
(1) "Consumer" means the original purchaser or lessee, other than for purposes
of resale, of a motor vehicle; and
(2) "motor vehicle" means a new motor vehicle which is sold or leased in this
state, and which is registered for a gross weight of 12,000 pounds or less, and
does not include the customized parts of motor vehicles which have been added or
modified by second stage manufacturers, first stage converters or second stage
converters as defined in K.S.A. 8-2401, and amendments thereto.
(b) If a motor vehicle does not conform to all applicable warranties, and the
consumer reports the nonconformity to the manufacturer, its agent or its
authorized dealer during the term of any warranties or during the period of one
year following the date of original delivery of the motor vehicle to a consumer,
whichever is the earlier date, the manufacturer, its agent or its authorized
dealer shall make such repairs as are necessary to conform the vehicle to such
warranties, notwithstanding the fact that such repairs are made after the
expiration of any such term or such one-year period.
(c) If the manufacturer, or its agents or authorized dealers, are unable to
conform the motor vehicle to any applicable warranty after a reasonable number
of attempts, the manufacturer shall replace the motor vehicle with a comparable
motor vehicle under warranty or accept return of the vehicle from the consumer
and refund to the consumer the full purchase or lease price including 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. Refunds shall be made to the
consumer, and lienholder if any, as their interests may appear. A reasonable
allowance for use shall be that amount directly attributable to use by the
consumer and any previous consumer prior to the first report of the
nonconformity to the manufacturer, agent or dealer and during any subsequent
period when the vehicle is not out of service by reason of repair. It shall be
an affirmative defense to any claim under this act that:
(1) An alleged nonconformity does not substantially impair such use and value;
or
(2) a nonconformity is the result of abuse, neglect or unauthorized
modifications or alterations of a motor vehicle by a consumer.
(d) If the manufacturer receives actual notice of the nonconformity, it shall be
presumed that a reasonable number of attempts have been undertaken to conform a
motor vehicle to the applicable warranties, if:
(1) The same nonconformity which substantially impairs the use and value of the
motor vehicle to the consumer has been subject to repair four or more times by
the manufacturer or its agents or authorized dealers within the term of any
warranty or during the period of one year following the date of original
delivery of the motor vehicle to a consumer, whichever is the earlier date, but
such nonconformity continues to exist;
(2) the vehicle is out of service by reason of repair for a cumulative total of
30 or more calendar days during such term or period, whichever is the earlier
date; or
(3) there have been 10 or more attempts to repair any nonconformities which
substantially impair the use and value of the motor vehicle to the consumer and
such attempts to repair have been attempts by the manufacturer or its agents or
authorized dealers.
The term of any warranty, such one-year period and such thirty-day period shall
be extended by any period of time during which repair services are not available
to the consumer because of war, invasion, strike, fire, flood or other natural
disaster.
(e) 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.
(f) The attorney general shall have jurisdiction to enforce 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.
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.
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