Missouri
Lemon Law
Section 407.560 - 407.579
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Missouri Revised
Statutes
Chapter 407
Merchandising Practices
Section 407.560
August 28, 2000
Definitions.
407.560. As used in sections 407.560
to 407.579, the following terms mean:
(1) "Collateral
charges", those additional charges
to a consumer not directly attributable
to a manufacturer's suggested retail
price label for the new motor vehicle.
For the purposes of sections 407.560
to 407.579, "collateral charges"
includes all sales tax, license fees,
registration fees, title fees and
motor vehicle inspections;
(2) "Comparable
motor vehicle", an identical
or reasonably equivalent motor vehicle;
(3) "Consumer",
the purchaser, other than for the
purposes of resale, of a new motor
vehicle, primarily used for personal,
family, or household purposes, and
any person to whom such new motor
vehicle is transferred for the same
purposes during the duration of an
express warranty applicable to such
new motor vehicle, and any other person
entitled by the terms of such warranty
to enforce the obligations of the
warranty;
(4) "Express
warranty", any written affirmation
of the fact or promise made by a manufacturer
to a consumer in connection with the
sale of new motor vehicles which relates
to the nature of the material or workmanship
or will meet a specified level of
performance over a specified period
of time;
(5) "Manufacturer",
any person engaged in the manufacturing
or assembling of new motor vehicles
as a regular business;
(6) "New motor
vehicle", any motor vehicle being
transferred for the first time from
a manufacturer, distributor or new
vehicle dealer, which has not been
registered or titled in this state
or any other state and which is offered
for sale, barter or exchange by a
dealer who is franchised to sell,
barter or exchange that particular
make of new motor vehicle. The term
"new motor vehicle" shall
include only those vehicles propelled
by power other than muscular power,
but the term shall not include vehicles
used as a commercial motor vehicle,
off-road vehicles, mopeds, motorcycles
or recreational motor vehicles as
defined in section 301.010, RSMo,
except for the chassis, engine, powertrain
and component parts of recreational
motor vehicles. The term "new
motor vehicle" shall also include
demonstrators or lease-purchase vehicles
as long as a manufacturer's warranty
was issued as a condition of sale.
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Missouri Revised
Statutes
Section 407.565
August 28, 2000
Report of nonconformity
required, when--repairs, duty of manufacturer
or agent, when.
407.565. For the
purposes of sections 407.560 to 407.579,
if a new motor vehicle does not conform
to all applicable express warranties,
and the consumer reports the nonconformity
to the manufacturer, or its agent,
during the term of such express warranties,
or during the period of one year following
the date of original delivery of the
new motor vehicle to the consumer,
whichever period expires earlier,
the manufacturer, or its agent, shall
make such repairs as are necessary
to conform the new vehicle to such
express warranties, notwithstanding
the fact that such repairs are made
after the expiration of such term
or such one-year period.
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Missouri Revised
Statutes
Section 407.567
August 28, 2000
Replacement of motor
vehicle or refund of purchase price,
when-- allowance deducted for consumer's
use.
407.567. 1. If the
manufacturer, through its authorized
dealer or its agent, cannot conform
the new motor vehicle to any applicable
express warranty by repairing or correcting
any default or condition which impairs
the use, market value, or safety of
the new motor vehicle to the consumer
after a reasonable number of attempts,
the manufacturer shall, at its option,
either replace the new motor vehicle
with a comparable new vehicle acceptable
to the consumer, or take title of
the vehicle from the consumer and
refund to the consumer the full purchase
price, including all reasonably incurred
collateral charges, less a reasonable
allowance for the consumer's use of
the vehicle. The subtraction of a
reasonable allowance for use shall
apply when either a replacement or
refund of the new motor vehicle occurs.
2. Refunds shall
be made to the consumer and lienholder
of record, if any, as their interests
may appear.
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Missouri Revised
Statutes
Section 407.569
August 28, 2000
Affirmative defenses.
407.569. It shall
be an affirmative defense to any claim
under sections 407.560 to 407.579
that:
(1) An alleged nonconformity
does not substantially impair the
use, market value, or safety of the
motor vehicle;
(2) A nonconformity
is the result of abuse, neglect, or
unauthorized modifications or alterations
of a motor vehicle;
(3) A claim by a
consumer was not filed in good faith;
or
(4) Any other affirmative
defense allowed by law.
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Missouri Revised
Statutes
Section 407.571
August 28, 2000
Presumptions of nonconformity--exception.
407.571. It shall
be presumed that a reasonable number
of attempts have been undertaken to
conform a new motor vehicle to the
applicable express warranties if within
the terms, conditions, or limitations
of the express warranty, or during
the period of one year following the
date of original delivery of the new
motor vehicle to a consumer, whichever
expires earlier, either:
(1) The same nonconformity
has been subject to repair four or
more times by the manufacturer, or
its agents, and such nonconformity
continues to exist; or
(2) The new vehicle
is out of service by reason of repair
of the nonconformity by the manufacturer,
through its authorized dealer or its
agents, for a cumulative total of
thirty or more working days, exclusive
of down time for routine maintenance
as prescribed by the manufacturer,
since delivery of the new vehicle
to the consumer. The thirty-day period
may be extended by a period of time
during which repair services are not
available to the consumer because
of conditions beyond the control of
the manufacturer or its agents.
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Missouri Revised
Statutes
Section 407.573
August 28, 2000
Warranty extension,
when--complaint remedies information
to be furnished--notice to manufacturer
required--manufacturer's duties, time
limitation.
407.573. 1. The terms,
conditions, or limitations of the
express warranty, or* the period of
one year following the date of original
delivery of the new motor vehicle
to a consumer, whichever expires earlier,
may be extended if the new motor vehicle
warranty problem has been reported
but has not been repaired by the manufacturer,
or its agent, by the expiration of
the applicable time period.
2. The manufacturer
shall provide information for consumer
complaint remedies with each new motor
vehicle. It shall be the responsibility
of the consumer, or his representative,
prior to availing himself of the provisions
of sections 407.560 to 407.579, to
give written notification to the manufacturer
of the need for the repair of the
nonconformity, in order to allow the
manufacturer an opportunity to cure
the alleged defect. The manufacturer
shall immediately notify the consumer
of a reasonably accessible repair
facility of a franchised new vehicle
dealer to conform the new vehicle
to the express warranty. After delivery
of the new vehicle to an authorized
repair facility by the consumer, the
manufacturer shall have ten calendar
days to conform the new motor vehicle
to the express warranty. Upon notification
from the consumer that the new vehicle
has not been conformed to the express
warranty, the manufacturer shall inform
the consumer if an informal dispute
settlement procedure has been established
by the manufacturer in accordance
with section 407.575. However, if
prior notice by the manufacturer of
an informal dispute settlement procedure
has been given, no further notice
is required.
3. Any action brought
under sections 407.560 to 407.579
shall be commenced within six months
following expiration of the terms,
conditions, or limitations of the
express warranty, or within eighteen
months following the date of original
delivery of the new motor vehicle
to a consumer, whichever is earlier,
or, in the event that a consumer resorts
to an informal dispute settlement
procedure as provided in sections
407.560 to 407.579, within ninety
days following the final action of
any panel established pursuant to
such procedure.
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Missouri Revised
Statutes
Section 407.575
August 28, 2000
Manufacturer with
approved settlement procedure, consumer's
duty.
407.575. If a manufacturer
has established an informal dispute
settlement procedure which complies
in all respects with the provisions
of the code of Federal Regulations,
16 C.F.R. 703, provisions of sections
407.560 to 407.579 concerning refunds
or replacements shall not apply to
any consumer who has not first resorted
to such procedure.
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Missouri Revised
Statutes
Section 407.577
August 28, 2000
Court action by consumer,
costs, expenses, attorney's fees,
how paid.
407.577. 1. If a
consumer undertakes a court action
after complying with the provisions
of sections 407.560 to 407.579 and
finally prevails in that action, he
shall be allowed by the court to recover
as part of the judgment a sum equal
to the aggregate amount of costs and
expenses, including attorney's fees
based on actual time expended, determined
by the court to have been reasonably
incurred by the plaintiff for or in
connection with the commencement and
prosecution of such action.
2. If any claim by
a consumer under sections 407.560
to 407.579 is found by a court to
have been filed in bad faith, or solely
for the purpose of harassment, or
in the absence of a substantial justifiable
issue of either law or fact raised
by the consumer, or for which the
final recovery is not at least ten
percent greater than any settlement
offer made by the manufacturer prior
to the commencement of the court action,
then the consumer shall be liable
for all costs and reasonable attorney's
fees incurred by the manufacturer,
or its agent, as a direct result of
the bad faith claim.
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Missouri Revised
Statutes
Section 407.579
August 28, 2000
Consumer's right
to other remedies--law to apply, when.
407.579. 1. Except
as provided in subdivision (1) of
section 407.560, nothing in sections
407.560 to 407.579 shall in any way
limit the rights or remedies which
are otherwise available to a consumer
at law or in equity.
2. Sections 407.560
to 407.579 shall apply to any new
motor vehicle sold after January 1,
1985.
