It is estimated that more than 150,000 cars annually, or about one percent of all new cars, are cons...read more
It is estimated that more than 150,000 cars annually, or about one percent of all new cars, are considered lemons. Although state and federal lemon laws vary, a lemon is generally considered any vehicle that has repeated defects or non-conformities that cannot be repaired after a reasonable time or a reasonable number of attempts. If you want to take advantage of state and federal lemon laws for car purchases, it’s important to understand what qualifies as a lemon and what steps you need to take to put yourself in the best position to receive maximum possible relief under the law. The attorneys at Krohn & Moss, Ltd. Consumer Law Center® have worked in this area of law since 1995 and can help you assess your claims and counsel you on the best course of action for moving forward. Should you qualify for relief, we will do our best to ensure that you settle your claims for what the law entitles, which may be a refund for your car, a replacement vehicle, or monetary compensation in other instances. We will also not charge you a fee unless you win or settle your case.
Before being able to reap the benefits of the lemon law, you must allow the manufacturer or dealer t...read more
Before being able to reap the benefits of the lemon law, you must allow the manufacturer or dealer to make a reasonable number of attempts or you must provide them with a reasonable time to fix the issues before your vehicle may be considered a lemon. Although every state law varies, most states require that the consumer provide the manufacturer or its dealers with at least3 times or 30 days to fix a vehicle defect or non-conformity. In some states, as little as 1 repair attempt may be sufficient to deem a car a lemon if the defect is something that affects the safety of the vehicle.
Most state lemon laws require that for the car owner or lessee to recover, they must prove that the ...read more
Most state lemon laws require that for the car owner or lessee to recover, they must prove that the defect or non-conformity substantially impairs the use, value or safety of the vehicle. Every situation is unique and a defect that you might not ordinarily think is substantial, very well might be depending on how it affects you. For instance, even something that is seemingly as minor as the illumination of a light on your dash board might signify a larger problem. Or, something like a brake squeak might be substantial if it affects your use and enjoyment of the vehicle every time you get behind the wheel. It is for this reason that you should speak to an experienced lemon law attorney who may assess your rights and tell you their opinion on what you may recover. Keep in mind, that the federal Lemon Law has no requirement that the defects in the vehicle be substantial. Rather, the federal Act looks to the obligations of the manufacturer to repair your vehicle as detailed in your warranty. Notably, the typical car manufacturer’s warranty promises to repair all defects in materials and workmanship in the vehicle. It does not restrictcoverage to only “substantial” defects. Therefore, even minor defects are covered under the federal Act if the manufacturer,by and through its dealers, was unable to repair the vehicle after being afforded a reasonable opportunity to do so.
Although “let the buyer beware” is a time-worn warning, consumers in Kansas who purchase or lease new vehicles are not on their own. Instead, the legislature has enacted the Kansas Motor Vehicle Warranties Law – commonly called the Kansas Lemon Law – to provide those who purchase or lease new vehicles with protection against those defective vehicles sometimes called “lemons.” This law, together with federal law, effectively force vehicle manufacturers and dealers to honor their promises to consumers, and to provide new cars that comply with the warranties they offer. If you believe that you may have received a lemon, an experienced Kansas Lemon Law lawyer can help you to use these laws to your advantage, and to get the new car you paid for.
Covered Vehicles & Defects
The Kansas Lemon Law covers all new consumer motor vehicles sold or leased in Kansas under warranty, so long as they do not weigh more than 12,000 pounds. The law provides protection only against substantial defects – generally speaking, those defects which substantially impair your use of the vehicle, or substantially lower the vehicle’s value.
Even if your vehicle or its defect does not qualify for protection, you may still be entitled to relief. The federal Magnuson-Moss Warranty Act, sometimes called the federal Lemon Law, provides protection above and beyond the Kansas Lemon Law. The federal law covers all vehicles, including large trucks and SUVs, motorcycles, boats, all-terrain vehicles, and even such consumer items as appliances and electronics. The federal law also covers all defects and problems covered under the warranty – not just those which qualify as “substantial”. The experienced lawyers of Krohn & Moss, Ltd. Consumer Law Center® can help you decide whether to seek relief under either the Kansas or Federal Lemon Law, or both.
If you qualify for relief, you are entitled to either have the manufacturer repurchase your lemon, or to have the manufacturer replace your lemon with a new, comparable vehicle. The manufacturer is also required to refund to you all “collateral charges” you incurred, including such items as tax payments and finance charges. You may even be entitled to compensation for other expenses you incurred as a result of the defects, such as towing fees and the costs of rental cars or other alternate transportation.
Before you can bring a legal claim under the Kansas Lemon Law, you must give the manufacturer (through its dealers) a reasonable opportunity to repair the problems. Under Kansas law, you can show that you have given a reasonable opportunity if the vehicle has been in for repairs four times for the same problem, or ten times for any problems, but the problems are still not fixed. You can also show that you have given a reasonable opportunity for repair if the car has been in for repairs for thirty days or more.
If you have given the automobile manufacturer a “reasonable” number of attempts, and the problems have not been repaired, the attorneys at Krohn & Moss, Ltd. Consumer Law Center® will help you to determine if you qualify for relief, and to get that relief from the dealer and manufacturer.
How to Get Relief
The Kansas Lemon Law states that, if your manufacturer has implemented a dispute resolution procedure for dealing with lemon law claims, you must use that procedure before you can file a legal claim. These procedures can be complex and confusing, and are set up by the very people who sold or leased you a lemon. In addition, if you fail to properly meet the deadlines and requirements of these procedures, you may forfeit your legal claim! It is therefore essential that you contact and retain an experienced Lemon Law attorney as soon as possible, so that your attorney can help you through the process and protect your rights at each step of the journey.
If you believe you may have received a lemon, contact the attorneys at Krohn & Moss, Ltd. Consumer Law Center® right away. They will provide you with a free case evaluation and analysis and fight for you. Additionally, when you win your lemon law case, the manufacturer is required to pay your attorneys’ fees for you. So the Kansas Lemon Law lawyers of Krohn & Moss, Ltd. Consumer Law Center® will seek to recover the cost of their attorneys’ fees directly from your vehicle’s manufacturer.
Watch this short video to learn how auto manufactures can compensate you for your Lemon.
We’ve put together a simple, effective evaluator to help you determine whether or not you have a lemon.Start Free Lemon Evaluator It Takes Only 60 seconds!
In order for you to see our client video or read our client statements, please click the green button below. You will be taken directly to the video or client statements.
If you are interested in viewing information about the lawyer/firm’s past results and testimonials about the lawyer/firm, please read and acknowledge the information below.
The information in this section contains information about the lawyer/firm’s past results, testimonials about the lawyer/firm, and statements regarding the lawyer/firm’s quality. The information has not been reviewed or approved by Bar Associations of the states in which the law firm practices.
The facts and circumstances of your case may differ from the matters in which results and testimonials have been provided.
All results of cases handled by the lawyer/firm are not provided and not all clients have given testimonials.
The results and testimonials provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Past results are no guarantee of future results. Every case is different, and each client’s case must be evaluated and handled on its own merits.
The testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.