Missouri Lemon Law - Protect Yourself Before You Buy - February 28, 2009
What kind of protection does the Missouri lemon laws offer you? What does the law actually say? We’ll answer both of these questions.
Different states’ lemon laws offer different protections. For example, South Carolina’s lemon law only requires three attempts to fix the problem before you can go to arbitration, that the arbitration be free, and that it not take longer than 40 days to be resolved. Family vehicles are covered under the South Carolina law—cars, pick-up trucks and small vans. The problem has to occur within 12 months or 12,000 miles of buying the car or must take the car is out of service for 30 days or more.
In North Carolina coverage extends for either two years from the time you buy the car or up to 24,000 miles. Your car may be a lemon if what the manufacturer has done to fix it—usually through the dealership where you bought the car—hasn’t worked, and they’ve tried four or more times. It can also be lemoned if it’s been in for repairs for more than 20 days or more in a twelve-month period. Very few states cover problems that aren’t covered by the manufacturer’s warranty, and North Carolina’s is no exception. And finally, if North Carolina determines that your car is a lemon, you can get a refund for the price you bought it for, minus a “reasonable allowance” for the use you’ve had of it. The formula used to determine this reasonable allowance is complicated and not very user friendly.
Michigan’s lemon law is generally like the others, but the problems which qualify the car as a lemon can be defined by the consumer, rather than the manufacturer. This powerful piece of consumer-friendly legislation is unheard of in state lemon laws, and surprising given Michigan’s close ties with the automotive industry.
Missouri’s lemon law says that if a new motor vehicle doesn’t conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer during the term of these warranties, or one year following the date of original delivery of the new motor vehicle to the consumer, the manufacturer must make such repairs as are necessary to conform the new vehicle to such express warranties. (Can you tell we’re quoting heavily from Missouri’s statute?)
If the manufacturer can’t fix the car, it shall, at its option, either replace it with a comparable new vehicle acceptable to the consumer, or take title of the vehicle from the consumer and refund the full purchase price, including all reasonably incurred collateral charges, less a reasonable allowance for the consumer’s use of the vehicle. A reasonable number of attempts must be made by the manufacturer—four or more times or the car is out of service for thirty or more working days. This 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. The terms of the express warranty may be extended if the problem has been reported but has not been repaired by the manufacturer.
The manufacturer shall provide information for consumer complaint remedies with each new motor vehicle. (See your owners manual.) It shall be the responsibility of the consumer to give written notification to the manufacturer of the need for repair. 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. However, if prior notice by the manufacturer of an informal dispute settlement procedure has been given, no further notice is required.
Dense language, but did you see what kind of coverage we have?
If you think your car is a lemon, get an itemized statement of everything the dealer did to fix it every time you take it in. Keep this list of receipts handy. Make sure they include the date of the repair and the mileage. Make notes of what happened as a result of the break down (were you late for work? left stranded?) Record all conversations you have about the problem, along with the names of the people you have them with.
As the law said, see what your owners manual tells you to do. Find out in detail what the manufacturer wants you to do.
The common themes in all the stories we’ve heard is that the manufacturer is never eager to resolve the issue to the buyer’s satisfaction. As a result, fighting with them becomes an source of stress, anger and frustration.
To make your case as strong as possible, it’s best to jump through every hoop the manufacturer tells you to. Think of creative ways to document your problems (like taking photographs, if that’s possible). Address every problem promptly, since you don’t have much time with lemon law issues. And hang in there. The Missouri lemon law offers you a fair amount of protection, even if it seems completely unhelpful right now. Good luck.
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