What is Missouri’s Lemon Law?
The Lemon Law in Missouri is a consumer protection statute that provides certain remedies for buyers of new and used cars that have serious defects. The law applies to motor vehicles that are leased or purchased from a dealership, and the defect must impair the vehicle’s use, safety, or value. This means that any issues with the car—mechanical, electrical, or otherwise—that significantly affect its functionality can potentially trigger coverage under the Lemon Law.
For used cars, the Missouri Lemon Law is applicable only if the defect was covered under the express warranty provided by the dealership . An express warranty can either be included in a paper contract or be electronically included on your phone or stored in the car. Used car dealerships are not allowed to sell cars that are mechanically unfit for driving as this violates the Missouri Merchandising Practices Act. In order to be eligible for the Missouri Lemon Law for used cars, the car must have been sold by a dealership.
In addition, if the vehicle is determined not to be a lemon, damages can be recovered up to one and one-half times the assessed damages plus reasonable attorney’s fees.
Who Can File a Missouri Lemon Law Claim?
In Missouri, the eligibility criteria for lemon law claims do not vary based on whether the vehicle is new or used. A used vehicle may qualify for lemon law protection if it is still within the warranty period and whether it was purchased from a private seller or a dealer. However, the warranty must be for at least one (1) year and twelve (12) miles. If the warranty period has expired, the vehicle is not eligible for lemon law protection in Missouri. This rule does not apply if the vehicle is still covered under the original manufacturer’s warranty. When purchasing a used vehicle, you should review your rights under Missouri law. Missouri Warranty Laws may protect you even if you are purchasing from a private seller. Be very careful when purchasing an used and make sure you have documentation to establish you are protected under state and federal law.
What to Do If You Have a Lemon
If you are the owner of a used car with numerous mechanical problems, you may have filed your fair share of warranty and service requests. The good news is that this effort might classify your vehicle as a lemon under Missouri’s used car lemon law. However, if you are not aware of the common steps to take if you have a lemon vehicle, you might still have missed your opportunity to recover damages from the manufacturer or dealer. The Lemon Law for used cars in Missouri allows for three main recovery options. You may qualify for a refund of the purchase price of your vehicle, a replacement vehicle, or reimbursement for the price of repairs. The eligibility criteria for these options focus on the number of attempts at repairs and the duration of the issues you have had with your vehicle. The most important thing you can do to protect your rights is keep a detailed record of all service and repair attempts, so do not overlook this step or you might not be able to bring a claim later. For additional information, read our article entitled the Missouri Lemon Law for Used Cars. Once you start to suspect that your car may be a lemon, you should take the following steps: You can also notify the dealer and/or manufacturer but this is not required under Missouri used car lemon law. Some consumers choose to bring their claims directly against the manufacturer or their local chapter. We recommend that you have an experienced attorney help you craft and send your letter of intent, demand letter, and the necessary follow-up communications. These steps are meant to help you get a complete picture of your case and measure the success or failure of your attempted repairs. Your attorney can help you navigate the process of communicating and negotiating with the manufacturer or dealer to try to reach a settlement. If you are unable to resolve the matter to your satisfaction, you can proceed to arbitration and possibly litigation.
Consumer Rights Under The Missouri Lemon Law
If a consumer files a lemon law complaint against the vehicle manufacturer and/or seller and prevails in the process, Missouri courts require that they be made whole. The legal principle of whole is interpreted very broadly to provide consumers with maximum benefits. Most lemon laws and related decisions are written to aid the consumer. Once a lemon car is found, the manufacturer is obligated to replace the vehicle with a comparable car or repurchase it. In addition to the purchase price , the defendant will also be liable for any incidental damages the plaintiff may have incurred while the vehicle was in the dealer’s care for repair. Incidental damages may include rental compensation, repair bills, extra travel expenses, etc. Car buyers are also entitled to interest on their claims. It is important for the consumer to keep track of every day the car spent at the dealer for repair. Section 407.838 defines the violation of a lemon law as a breach of the vehicle warranty to repair the car and, therefore, entitles the consumer to interest and attorney fees. If a lemon case is pursued through Missouri courts, the consumer is entitled to attorney fees and costs.
Difficulties and Myths Surrounding the Lemon Law
When it comes to filing a lemon law case for a defective used vehicle in Missouri, many people find that the process can often be a bit more complicated than originally anticipated. Some challenges that arise when filing a lemon law claim for used vehicles in Missouri include: Additionally, there are several common misconceptions that consumers may have about the Missouri lemon law as it pertains to used cars. For example: It was believed in the past that Missouri’s lemon laws would only apply to new vehicles, and that used cars were not eligible under the statute. While this is not entirely untrue, the Missouri lemon law does actually provide for used car protection in certain circumstances. This is an area of the law that is often open to interpretation, and which can vary on a case-to-case basis. When in doubt, it is always best to consult with an experienced lemon law attorney to clarify the protections that may or may not apply in your situation.
Finding Help and Resources
Navigating the complexities of lemon laws, particularly when it comes to used cars, can be a daunting process. While you have the right to represent yourself in any legal matter, enlisting the help of a knowledgeable attorney can save you significant time, energy, and potentially money in the long run. A lemon law attorney can not only help you understand your rights and obligations but can also maximize your chances of a successful resolution.
In Missouri, consumers looking for legal assistance with lemon law issues can access several resources. The Missouri Bar’s Lawyer Referral Service can help you find an attorney with expertise in lemon law claims. You can reach them at (573) 636-3635 or toll-free at (800) 392-8867 . The Missouri Department of Insurance, Financial Institutions and Professional Registration provides consumers with general information on lemon laws, but for specific protections, they recommend seeking legal counsel. Additionally, the Better Business Bureau (BBB) is available for consumer assistance and to find an accredited car dealership in Missouri.
In conclusion, understanding the nuances of the lemon law in Missouri is critical to effectively exercising your rights as a consumer. While the process may seem straightforward at first glance, dealing with specific issues like used car lemon law claims can become complicated and often require professional legal assistance.