Lemon Law in Kansas

Your car needs to work. For many, access to a reliable car is key for work, appointments, and making sure children get to school on time. So it can be incredibly frustrating to find that you have purchased a defective vehicle. Thankfully, Kansas has lemon laws on the books which protect consumers who have purchased defective items.

What Is a Lemon Law?

Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any lemon law to apply, the automobile must suffer from a defect. This problem should be outside the purchaser’s control, like a manufacturer issue. Furthermore, lemon laws apply if a certain number of reasonable repairs happened to the vehicle in question to no avail.

When Do Kansas Lemon Laws Apply?

Lemon laws only apply when the vehicle in question is under warranty. This restriction does not mean it has to have a new guarantee. There are often dealership warranties attached to certified used cars. Under the federal lemon law requirements, conditions must meet the following criteria:

• The manufacturer attempted to fix the issue on several occasions. Note that the number of conditions that merit a lemon law application can vary based on the court’s opinion.
• There have been attempts to address the issue(s) in question within the first two years of owning and operating the vehicle.
• The car has been out of service for at least 30 days. Note that the days do not have to be consecutive.

How Do You Ensure the Application of Lemon Laws?

There are some common practices that you can take that better position you when citing lemon law:

• You should only take the vehicle in question to the corresponding dealership for repairs. By taking it there, you establish credibility by showing the responsible party attempted to address the issue. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot be held liable for any attempts made to fix the problem.
• Keep accurate and detailed records of any repairs made. This way, if your case goes to trial, have accurate logs that detail the manufacturer’s opportunities to fix the mechanical issues. This detail also helps build a timeline of how long you could not use your vehicle.

Lemon law statutes vary by state. You should research the lemon law requirements in Kansas to ensure you remain within the legal confines.

According to the Attorney General of Kansas, Kansas Lemon Laws apply to the purchase or lease of new motor vehicles that weigh less than 12,000 pounds. However, you are required to give the manufacturer or dealer ample opportunity to remedy the defects in the automobile before you move for any type of restitution. Kansas Lemon Laws state that you must also inform the dealer or manufacturer of the defects within 1 year of taking possession of the automobile.

What Exactly Are Consumers Entitled To Under Lemon Laws?

You have a legal entitlement to a replacement vehicle or refund if Kansas lemon laws apply. However, manufacturers may deduct a fee in proportion to the miles the owner put on the car or truck before it became unusable. This compensation should include:

• Down payment
• Registration
• Taxes
• Car rentals
• Monthly payments
• Tow expenses
• Attorney costs

Do Lemon Laws Apply to Used Vehicles?

Lemon laws can apply to used vehicles. However, this is for written warranties distributed along with the vehicle upon sale. Often, a used car dealership sells vehicles with a portion of the guarantee remaining. This situation incentivizes the purchase and (allegedly) puts the buyer’s mind at ease.

Kansas Lemon Laws unfortunately, do not offer protection for those that have bought a used car that is defective. In addition, these laws do not cover vehicle converters, or those that have bought a new car for the sole purpose of reselling the automobile.

When Should You Hire a qualified Kansas Lemon Law Attorney?

Have you attempted to have your vehicle repaired at the dealership? Consumers should consider legal action when it doesn’t work for 30 days. If you can’t resolve the issue with the manufacturer, it may be time to bring in an experienced Kansas lemon law attorney.

How Does the Lemon Law Litigation Process Work?

Consumers can expect to go through a series of motions by bringing in an experienced Kansas lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most Kansas lemon law attorneys, you can expect the following:

• Free Case Evaluation – Attorneys should review your case for free. They will determine its merit and whether you have a justifiable claim.
• Filing Your Claim – Your Kansas legal representative should handle filing a claim with the manufacturer after determining the facts.
• Further Action – Your vehicle’s manufacturer may refuse to comply with the claim under federal and state statutes. Then your attorney files suit to seek entitled compensation on your behalf.
• Pursuing Settlement – The manufacturer should cover all costs and fees if you achieve a settlement before trial. This compensation will often include attorney fees.
• Contingency Fee Basis – At the end of the ordeal, clients should not have to pay for attorney’s fees. Even if you ultimately lose your case, a reputable Kansas law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.

The Center for Auto Safety declares that you cannot move forward with legal action under Kansas lemon laws until there have been 4 unsuccessful repair attempts of the defect of the car, or 10 total repairs. After this, you may be required to enter a period of arbitration if the manufacturer or dealer has this language in the warranty. If this fails, you may want to engage the services of an experienced Kansas lemon lawyer to file in the County Court.

Work With an Experienced Local Lawyer In Kansas

Do you need immediate help? Then one of our experienced lawyers in Kansas can help guide you through the Lemon Law litigation process. We can even help you connect with an attorney across Kansas state lines!

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