Free Kansas Lemon Law FAQs | Free Kansas Lemon Law Legal Documents

How Do I Protect Myself Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

As a consumer, you never know if the vehicle you purchase/lease will turn out to be a lemon. However, there are several things you can do to take full advantage of the Lemon Law`s protection.

Read and understand the warranty BEFORE the sale/lease. Make sure you know exactly what is covered and for how long.
Before taking delivery of your new vehicle, inspect it. If any problems are noticed, refuse delivery until they are corrected.
Read, understand and follow maintenance requirements in the owner`s manual.
Keep records of all car maintenance to prove, if necessary, the defect was not caused by your abuse or negligence.
If problems develop, contact the dealer as soon as possible.
Keep a record of the date and nature of all repairs made to your car. Be sure to obtain a copy of the service order from the dealer stating exactly what repairs were made to your vehicle.
Keep a record of all contacts made to the dealer or manufacturer. Keep copies of all letters and records of all telephone calls. This may later help prove what was said and may also avoid misunderstandings.

I Think I Qualify For A Vehicle Refund Or Replacement. What Do I Do Next?

Tue, 29 May 2007 21:19:00 GMT

Contact the dealer from whom you purchased/leased the vehicle and voice your position. Try to speak with the owner of the dealership. If that is not possible, speak with the general manager or new vehicle sales manager.
Write to the manufacturer explaining your position.
File a complaint with the appropriate dispute settlement program for the manufacturer.
Finally, if you have not obtained satisfactory results after taking these steps, contact an attorney or file a complaint with the Attorney General`s Office.

See your automobile`s owner`s manual, warranty information or your dealer for the address of the manufacturer`s regional office.

A list of arbitration programs for the respective manufacturers is included in this information.

Chrysler Customer Satisfaction Arbitration Board
P.O. Box 25668
Overland Park, Kansas 662255668
Ford Consumer Appeals Board
P.O. Box 5120
Southfield, Michigan 480865120
Industry ThirdParty Dispute Resolutions Programs
BBA/AUTOLINE
Handles
Acura, Alfa Romeo, AM General, Audi, Buick
Cadillac, Chevrolet, GMC Truck, Honda, Hyundai
Infiniti, Isuzu, Kia, Land Rover, Lexus
Nissan, Oldsmobile, Pontiac, Porsche, Saturn
Toyota, Volkswagen
Leavenworth, Wyandotte, Johnson, Miami and Linn Counties
Better Business Bureau
306 E 12th St, Suite 1024
Kansas City, Missouri 64106
(816)4217800
Atchison, Brown, Doniphan, Geary, Franklin, Jackson, Jefferson, Lyon, Marshall, Morris, Nemaha, Osage, Pottawatomie, Riley, Shawnee, Douglas and Wabaunsee Counties
Better Business Bureau
501 Jefferson, Suite 24
Topeka, Kansas 666071190
(785)2320454
Sedgwick and All Other Kansas Counties
Better Business Bureau
328 Laura
Wichita, Kansas 67211
(316)2633146
Statewide Autoline 18009555100

For further information or to file a complaint, please write to the Attorney General, Consumer Protection Division, Kansas Judicial Center, Topeka, Kansas 66612, or call the tollfree Consumer Hotline, 18004322310. Leave your name, number and subject of your inquiry with the receptionist and an agent will return your call promptly.

What Are My Responsibilities As A Consumer?

Tue, 29 May 2007 21:19:00 GMT

Simply because there have been a reasonable number of attempts to repair a defect does not, in itself, make a consumer automatically eligible for a refund or replacement vehicle.

Notify the manufacturer or authorized dealer of the problem during the warranty period or during the year following delivery of the vehicle, whichever is the earlier date.

If the manufacturer has an informal dispute settlement program, and most do, the consumer must first attempt to resolve the complaint through this program.

If the consumer is still dissatisfied after taking these steps, he or she should contact an attorney or file a complaint with the Attorney General`s Office.

What Is The Manufacturer's Responsibility To Repair, Refund Or Replace?

Tue, 29 May 2007 21:19:00 GMT

Essentially, the Lemon Law requires manufacturers to meet the terms of all warranties. The manufacturer must repair or correct any defect or condition which substantially impairs the use and value of the vehicle, during the warranty period or during the period of one year following delivery of the vehicle to the consumer, whichever is the earlier date.

If the manufacturer or authorized dealer has been unable to repair the condition after a reasonable number of attempts, then, under the law, the consumer may be entitled to a replacement vehicle of equal value or a refund of the full purchase/lease price and collateral costs, less an allowance for the consumer`s use.

The law presumes that a reasonable number of attempts have been made after:

Four unsuccessful attempts to repair the same defect; or
A car has been out of service due to warranty repairs for at least 30 cumulative calendar days during the warranty period or during the year following the date of delivery to the consumer, whichever is earlier; or
There have been 10 or more attempts during the warranty period or during the first year of ownership, whichever is earlier, to repair various defects which substantially impair the use and value of the motor vehicle.

However, the manufacturer does not have to make a refund or replace the motor vehicle if:

The defect does not substantially impair the use and value of the motor vehicle; or
The condition is the result of abuse, neglect, or unauthorized alterations of the vehicle by the consumer.

What Is The Purpose Of The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

The Lemon Law provides consumers who are the first purchaser/lessee of a new motor vehicle, which is registered for a gross weight of 12,000 pounds or less, a procedure to follow and a remedy if they discover their new vehicle is a lemon.

If a new vehicle turns out to be defective and has not been repaired after a reasonable number of attempts, the law requires the manufacturer to replace the vehicle with one of equal value or refund the purchase/lease price and collateral costs, less an allowance for actual use.

Only a small number of new vehicles are likely to be declared lemons. However, all new vehicle buyers/lessees benefit from this law. The manufacturer and dealer have a stronger economic incentive to deliver vehicles which are free from defects and, if problems develop, to correct them quickly.

This law encourages vehicle manufacturers to establish thirdparty dispute settlement programs to settle consumer disputes. Decisions made through these programs are binding only on the manufacturer, not on the consumer.

This law clearly spells out the responsibilities of the consumer, the dealer and the manufacturer. This law does not limit any other rights or remedies available to consumers under other provisions of law.

What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

A new motor vehicle which is sold or leased, and which is registered for a gross weight of 12,000 pounds or less. 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.

4 repair attempts for the same defect, or 10 repair attempts for seperate problems or 30 calendar days out of service.

Warranty period or 1 year.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Where Can I Get More Information About The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Kansas Office of the Attorney General
Consumer Protection Division
301 SW 10th Avenue
Topeka, KS 666121597
Consumer Hotline: 8004322310 (MF 8 a.m. 5 p.m.)
lawlib.wuacc.edu/ag/homepage.html

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
www.autosafety.org
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (http://cartalk.cars.com/Tools/carreport.pl) on your car, to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW, Washington, DC 20590
Auto Safety Hotline: 8004249393
NHTSA can give you information on the safety recall history of your vehicle.

Free Lemon Law Attorney FAQs

Mon, 30 Nov 2009 04:01:56 GMT

Free Lemon Law Attorney FAQs