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.
The Manufacturer’s Opportunity to Repair
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.