Kansas Lemon Law: Do You Qualify?

Kansas lemon law at a glance

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The term of any warranties or one year after original delivery, whichever is earlier, for reporting the problem to the manufacturer, its agent or its authorized dealer. The statute states no mileage limit. Repairs are still required after that period if the problem was reported within it. The period is extended by any time repair services were not available because of war, invasion, strike, fire, flood or other natural disaster.

Repair attempts

4 or more repairs of the same defect within that period, with the defect still there, or 10 or more repair attempts for any defects that substantially impair use and value (the 10-attempt branch states no time period). The repairs must be by the manufacturer or its agents or authorized dealers, and the manufacturer must have received actual notice.

Days out of service

A cumulative total of 30 or more calendar days out of service by reason of repair during that period. The days need not be consecutive.

Notice

The statute mentions no writing. The presumption depends on the manufacturer itself receiving actual notice of the problem. It names no form of notice and no sender, sets no deadline and does not say whether a report to a dealer is actual notice to the manufacturer.

Who and what is covered

"Consumer" means the original purchaser or lessee, other than for purposes of resale, and "motor vehicle" means a new motor vehicle sold or leased in Kansas and registered for a gross weight of 12,000 pounds or less. Customized parts added or modified by second stage manufacturers and converters are not part of the motor vehicle.

Used vehicles and later owners

The act covers a "new motor vehicle", and the Attorney General says the Kansas Lemon Law "does not apply to used cars". A later owner is not named; the use-allowance sentence mentions "any previous consumer" without saying whether a later owner may claim.

Defenses

It is an affirmative defense that the problem does not substantially impair the use and value of the vehicle, or that it results from abuse, neglect or unauthorized modifications or alterations by the consumer.

Dispute program

A manufacturer may set up an informal dispute procedure that complies with 16 C.F.R. part 703. If it has, the refund and replacement provision does not apply to a consumer who has not first used it.

Attorney General

The attorney general has jurisdiction to enforce the section. The Attorney General's page tells a consumer who suspects a lemon to file a complaint with the Attorney General's Office or contact a private attorney "as early in the process as possible".

Kansas lemon law: frequently asked questions

How many repair attempts does the Kansas lemon law require?

Once the manufacturer has actual notice, a reasonable number of attempts is presumed if the same defect has been repaired four or more times by the manufacturer or its dealers within the warranty term or first year and still exists, or if there have been 10 or more attempts to repair any defects that substantially impair the vehicle's use and value. The 10-attempt branch states no time period.

How many days out of service count in Kansas?

A cumulative total of 30 or more calendar days out of service by reason of repair during the warranty term or first year, whichever is earlier. The days do not have to be consecutive. The periods are extended by any time repair services were not available because of war, invasion, strike, fire, flood or other natural disaster.

How long do I have to sue under the Kansas lemon law?

K.S.A. 50-645 states no filing deadline. The Kansas U.C.C. sets four years from when the cause of action accrues for a contract for sale, which the parties may shorten to not less than one year. A breach of warranty accrues on tender of delivery, except that where a warranty explicitly extends to future performance it accrues when the breach is or should have been discovered. Whether that period applies to a claim under the act is not answered in the act, so check your dates with an attorney early.

Does the Kansas lemon law cover used or leased vehicles?

Not used cars: the act covers a "new motor vehicle", and the Attorney General says the Kansas Lemon Law "does not apply to used cars". "Consumer" means the original purchaser or lessee, so a lessee is covered: the act covers a new motor vehicle "sold or leased in this state" and refunds "the full purchase or lease price". Your other rights under the uniform commercial code and other law are not limited by the act (K.S.A. 50-646).

What do I get if my car qualifies in Kansas?

The manufacturer must replace the vehicle with a comparable motor vehicle under warranty or accept its return and refund the full purchase or lease price including all collateral charges, less a reasonable allowance for your use, calculated from the American automobile association's Your Driving Costs. The refund is made to you and the lienholder, if any, as your interests appear. The statute does not say who chooses between replacement and refund, and does not define "collateral charges". The act does not mention penalties, attorney fees or a private right of action; it gives the attorney general jurisdiction to enforce the section (K.S.A. 50-645(f)).

Statutes cited on this page

• K.S.A. 50-645(a)(1) ("consumer": the original purchaser or lessee, other than for purposes of resale)
• K.S.A. 50-645(a)(2) ("motor vehicle": a new motor vehicle sold or leased in this state and registered for a gross weight of 12,000 pounds or less)
• K.S.A. 50-645(b) (duty to repair a nonconformity reported during the warranty term or one year after original delivery, whichever is earlier)
• K.S.A. 50-645(d) (a reasonable number of attempts is presumed once the manufacturer receives actual notice of the nonconformity)
• K.S.A. 50-645(d)(1) (presumption: the same nonconformity subject to repair four or more times and still existing)
• K.S.A. 50-645(d)(2) (presumption: out of service by reason of repair for a cumulative total of 30 or more calendar days)
• K.S.A. 50-645(d)(3) (presumption: 10 or more attempts to repair any nonconformities that substantially impair use and value)
• K.S.A. 50-645(d) (warranty term, one-year period and thirty-day period extended while repair services are not available)
• K.S.A. 50-645(c)(1), (2) (affirmative defenses: no substantial impairment; abuse, neglect or unauthorized modifications)
• K.S.A. 50-645(e) (manufacturer informal dispute procedure complying with 16 C.F.R. part 703)
• K.S.A. 50-645(c) (manufacturer shall replace the vehicle or accept return and refund the full purchase or lease price including all collateral charges, less a reasonable allowance for use)
• K.S.A. 50-645(c) (reasonable allowance for use: the amount directly attributable to use before the first report and while the vehicle is not out of service for repair)
• K.S.A. 50-645(c) (refunds are made to the consumer and the lienholder, if any, as their interests may appear)
• K.S.A. 50-645(f) (the attorney general has jurisdiction to enforce the section)
• K.S.A. 50-646 (other rights and remedies under the uniform consumer credit code, the U.C.C. and other law are not limited)
• K.S.A. 84-2-725(1) (Kansas U.C.C.: an action for breach of any contract for sale within four years after the cause of action has accrued)
• K.S.A. 84-2-725(2) (a breach of warranty occurs when tender of delivery is made, unless the warranty explicitly extends to future performance)
• Kansas Attorney General, "Your Home and Car" (the Kansas Lemon Law applies to new motor vehicles under 12,000 lbs.; it does not apply to used cars)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.