Missouri Lemon Law: Do You Qualify?

Missouri lemon law at a glance

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The express warranty term or one year after original delivery to the consumer, whichever expires earlier. The act states no mileage limit apart from the warranty's own terms.

Repair attempts

A reasonable number of attempts is presumed if, in that period, the same nonconformity has been subject to repair four or more times by the manufacturer or its agents and still exists. The act does not otherwise define a reasonable number, and states no separate count for safety defects.

Days out of service

Thirty or more cumulative working days (not calendar days) out of service by reason of repair of the nonconformity, since delivery, excluding down time for routine maintenance. The period may be extended for time repair services are unavailable because of conditions beyond the manufacturer's control.

Written notice

It is the consumer's responsibility, before availing himself of the act, to give the manufacturer written notification of the need for repair so it can cure the defect. After you deliver the vehicle to an authorized repair facility the manufacturer has ten calendar days to conform it.

Dispute program

Only if the manufacturer has an informal procedure complying in all respects with 16 CFR 703: the act's refund and replacement provisions do not apply to a consumer who has not first used it. The act provides for no state-run program.

Deadline to sue

Within six months after the express warranty ends or eighteen months after original delivery, whichever is earlier; or ninety days after the final action of a dispute panel if you used one.

Remedy

At the manufacturer's option, a comparable new vehicle acceptable to you, or a refund of the full purchase price including reasonably incurred collateral charges (sales tax, license, registration and title fees, motor vehicle inspections), less a reasonable allowance for your use. The act states no formula for the allowance. Refunds go to the consumer and the lienholder of record.

Taxes and fees

The manufacturer may apply to the Department of Revenue for reimbursement of the sales tax and fees it refunds, or direct you to apply to the Department for a refund of them (Form 426 has a "Lemon Law" box).

Defenses

It is an affirmative defense that the nonconformity does not substantially impair the use, market value, or safety of the vehicle, that it results from abuse, neglect, or unauthorized modifications or alterations, or that the claim was not filed in good faith.

Attorney fees

A consumer who sues after complying with the act and finally prevails is allowed costs and expenses, including attorney's fees based on actual time expended. A consumer whose claim a court finds was filed in bad faith, or whose final recovery is not at least ten percent greater than the manufacturer's earlier settlement offer, is liable for the manufacturer's costs and fees.

Vehicles excluded

Vehicles used as a commercial motor vehicle, off-road vehicles, mopeds, electric bicycles, motorcycles and recreational motor vehicles (except their chassis, engine, powertrain and component parts). The act states no weight limit. It does not limit other rights or remedies at law or in equity.

Used vehicles and leases

The vehicle must be a new motor vehicle never registered or titled, but a person to whom it is transferred for personal, family or household use during the express warranty is a consumer, and demonstrators and lease-purchase vehicles sold with a manufacturer's warranty count as new. The definition of consumer does not name lessees; it includes "any other person entitled by the terms of such warranty to enforce the obligations of the warranty".

Missouri lemon law: frequently asked questions

How many repair attempts does the Missouri lemon law require?

Four or more repairs of the same nonconformity that still exists, within the warranty term or one year after delivery, whichever is earlier, raises a presumption that a reasonable number of attempts has been made. Thirty or more working days out of service for repair raises the same presumption. The act does not otherwise define a reasonable number, and the manufacturer may raise the affirmative defenses in § 407.569.

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

An action must be commenced within six months after the express warranty ends or eighteen months after original delivery, whichever is earlier. If you used a manufacturer's informal dispute procedure, the act allows ninety days after the final action of its panel.

Do I have to use the manufacturer's dispute program first?

Only if the manufacturer has set up an informal dispute settlement procedure that complies in all respects with 16 CFR 703. In that case the refund and replacement provisions do not apply to a consumer who has not first used it, and once you notify the manufacturer that the vehicle has not been conformed, it must tell you if it has established such a procedure.

What can I get if my car qualifies in Missouri?

The manufacturer chooses between a comparable new vehicle acceptable to you and a refund of the full purchase price including collateral charges (sales tax, license, registration and title fees, motor vehicle inspections), less a reasonable allowance for your use. The act states no formula for the allowance and no multiplied damages, and does not limit other rights or remedies at law or in equity.

Does the Missouri lemon law cover used cars or leases?

It covers a new motor vehicle, and a person to whom it is transferred for personal, family or household use during the express warranty. A vehicle first sold used with no express warranty in effect is outside it. The definition of consumer does not name lessees; lease-purchase vehicles count as new if a manufacturer's warranty was issued as a condition of sale.

Statutes cited on this page

• RSMo § 407.560(3) (definition of "consumer")
• RSMo § 407.560(6) (definition of "new motor vehicle": who sells it, what is excluded)
• RSMo § 407.565 (report of nonconformity; manufacturer must repair, even after the period)
• RSMo § 407.567(1) (manufacturer chooses replacement or refund, less a reasonable allowance for use)
• RSMo § 407.569 (affirmative defenses)
• RSMo § 407.571 (presumption of a reasonable number of attempts)
• RSMo § 407.573(2) (written notice to the manufacturer; ten calendar days to conform)
• RSMo § 407.573(3) (action must be commenced within six months after the warranty or eighteen months after delivery)
• RSMo § 407.575 (manufacturer with a 16 CFR 703 dispute procedure: consumer must use it first)
• RSMo § 407.577 (court costs and attorney's fees; fees against a consumer)
• RSMo § 407.579 (other rights and remedies preserved; applies to vehicles sold after January 1, 1985)

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