Missouri Lemon Law FAQ
Q: Is my vehicle covered by the Missouri lemon law?
A You must meet the following requirements:
- Your vehicle was purchased new;
- Your vehicle was purchased in the last 18 months;
- Your vehicle has either:
- been subject to 4 or more repair attempts for the “same nonconformity”, or
- been at the dealership for a total of 30 or more days for the “same nonconformity.”
Q: What counts as vehicle?
A: Any car or truck or motorcycle used for normal personal use. Some components of Recreational Vehicles (RVs) are also covered. Please see “The term ‘Vehicle’ in the Missouri Lemon Law” for more information and contact Law Office of Bryan Brody if you are unsure whether your vehicle qualifies.
Q: How do I know if my vehicle was purchased new?
A: The best way to know is if you received a “Certificate of Origin,” but other purchase documents should indicate whether the dealership sold you a new vehicle. Even if your vehicle had some miles on it at purchase, you may still be the first title holder.
Q: How do I know if the repair attempts have been for the “same nonconformity”?
A: A nonconformity is a condition or a defect that impairs the use, value, or safety of the vehicle. If a vehicle has continued to exhibit the same symptoms, then it is fair to argue that the repair attempts were related to same nonconformity, regardless of what the authorized dealership has tried to do to fix the problem. Vehicles may also exhibit different symptoms, but which might be related to the same nonconformity, such as problems with the power train or electrical system.
Q: Does the vehicle have to be out of service for 30 days in a row?
A: No, the Missouri lemon law only requires that the total number of days out of service equals or exceeds 30 days.
Q: If I meet all the requirements of the Missouri lemon law, what can I demand from the manufacturer?
A: The manufacturer should refund your entire purchase price, minus a reasonable allowance for your use of the vehicle, and take back possession of the vehicle. Please contact Law Office of Bryan Brody for a more detailed explanation of this calculation.
Q: Who pays my attorney’s fees?
A: If you prevail, the Missouri lemon law allows the consumer to recover attorney’s fees and costs, in addition to other damages. Contact Law Office of Bryan Brody for a full explanation of how we recover fees from manufacturers.
Q: What if I do not meet all the requirements for the Missouri lemon law?
A: Other laws, including the Magnuson-Moss Warranty Act (the “federal lemon law”) might still apply.
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