To qualify for compensation under the Kansas Lemon Law, the vehicle must be purchased or leased within the state and weigh less than 12,000 lbs. The vehicle must also have a defect or “nonconformity” that substantially impairs its use, value, or safety. If the manufacturer fails to repair the defect after a reasonable number of attempts, they must accept the return of the lemon and provide you with a refund or replacement vehicle.
If you notice that your vehicle has a defect, you should notify the manufacturer as soon as possible and bring the vehicle in for repairs. The Kansas Lemon Law only applies to defects that are reported within the first year of ownership and while the vehicle is under warranty. But consumers are still protected from defects that are reported after a year.
The Magnuson-Moss Warranty Act allows consumers to seek compensation for any defects reported during the entire warranty period that the manufacturer fails to repair. So, whenever you suspect your car may be a lemon, reach out to a Kansas Lemon Law attorney. At Krohn & Moss, Ltd. Consumer Law Center® we offer free case reviews, so you have nothing to lose.
Getting back to how the Kansas Lemon Law works, you must provide the manufacturer with actual notice of the nonconformity and a reasonable number of repair attempts before filing a claim. We can provide actual notice to the manufacturer on your behalf via a formal letter. As for repair attempts, the Kansas Lemon Law presumes vehicles to be lemons if defects remain after:
● 4 repair attempts for a single defect, OR
● 10 total repair attempts for any number of defects, OR
● A total of 30 days out of service for repairs
As noted above, the Magnuson-Moss Warranty Act offers additional protection to Kansans. And under that law, consumers may file claims after a single failed repair attempt in some cases.
If the defect still exists after these repair attempts, the next step is to present your case to the manufacturer’s informal dispute resolution program, which is simply an arbitration board. Although you aren’t required to have an attorney represent you during arbitration, doing so greatly increases your chances of success.
Once the board reviews your case, they will issue a decision as to what, if any, compensation you deserve. They may offer a full refund, a replacement vehicle, or a lesser settlement. It will be up to you to decide whether or not to accept the board’s ruling. Your attorney can offer guidance as to how you should proceed, but the decision is yours to make.
If you’re not satisfied with the arbitrators’ decision, the final step in the process will be to file a lawsuit. Technically, a trial could be the last step. However, fewer than 1% of the 50,000+ Lemon Law cases we’ve handled have gone to trial. Manufacturers generally offer settlements, which our clients find to be acceptable, once we file suit.