Kansas
Lemon Law
Statutes 50-645 - 50-646
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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.
