STANDARDS OF THE MISSOURI LEMON LAW

The following is a brief explanation of most relevant provisions of the Missouri lemon
law.  The complete text of the lemon law can be found at Missouri Rev. Stat. section
407.560 et seq.
VEHICLES COVERED
The Missouri lemon law covers any new motor vehicle being transferred for the first
time from a manufacturer, distributor or new vehicle dealer; that has not been
registered or titled in the state or any other state; and that is offered for sale, barter or
exchange by a dealer franchised to sell, barter or exchange that particular make of new
motor vehicle.  This includes demonstrators or lease-purchase vehicles as long as a
manufacturer’s warranty was issued as a condition of sale.
The lemon law does not cover used vehicles, and appears not to cover leased vehicles
unless acquired through a lease-purchase. The lemon law does not cover commercial
motor vehicles, off-road vehicles, mopeds, motorcycles, and recreational motor vehicles
other than the chassis, engine, powertrain and component parts.
CONSUMERS COVERED
The lemon law covers the following consumers:
1.   The purchaser, other than for purposes of resale, of a new motor vehicle primarily
used for personal, family, or household purposes; 
2.   Any person to whom the new motor vehicle is transferred for the same purposes
during the duration of an express warranty applicable to the new motor vehicle; and
3.   Any other person entitled by the terms of the warranty to enforce its obligations.
VEHICLE CONVERTERS
The lemon law applies to vehicle converters.
PROBLEMS COVERED
The lemon law covers any default or condition that impairs the use, market value or
safety of the new motor vehicle to the consumer. This is referred to as a nonconformity.
The lemon law provides manufacturers with an affirmative defense if it can be shown
that:
1.   The alleged nonconformity does not substantially impair the use, market value or
safety of the new motor vehicle; or
2.   A nonconformity is the result of abuse, neglect, or unauthorized modifications or
alterations of the new motor vehicle.

MANUFACTURER’S DUTY TO REPAIR A VEHICLE
If the consumer reports a nonconformity to the manufacturer or its agent during the
term of the express warranties or during a period of one year following the date of the
new motor vehicle’s original delivery to the consumer, whichever comes first, then the
manufacturer or its agent must make the necessary repairs to conform the new motor
vehicle to the express warranties.
The necessary repairs must be made even after the expiration of the term of the express
warranties or the one year period.
MANUFACTURER’S DUTY TO REPURCHASE OR REPLACE A VEHICLE
If the manufacturer, its agent or authorized dealer is unable to conform the new motor
vehicle to any applicable express warranty by repairing or correcting any nonconformity
after a reasonable number of attempts, the manufacturer must, at its option, either
repurchase or replace the new motor vehicle.
REASONABLE NUMBER OF REPAIR ATTEMPTS
The Missouri lemon law establishes a presumption that a reasonable number of repair
attempts has been undertaken to conform a new motor vehicle to the applicable express
warranties if, within the express warranty term or during the period of one year
following the date of the new motor vehicle’s original delivery to a consumer, whichever
expires earlier, either of the following occurs:
1.   The same nonconformity has been subject to repair four or more times by the
manufacturer or its agents, and the nonconformity continues to exist; or
2.   The new motor vehicle is out of service by reason of repair of the nonconformity by
the manufacturer, its agents or authorized dealer for a cumulative total of 30 or more
working days, exclusive of down time for routine maintenance as prescribed by the
manufacturer.
The 30 day period may be ex tended by a period of time during which repair services are
not available to the consumer because of a conditions beyond the control of the
manufacturer or its agents.
The term of the express warranty and the one year period following the date of the new
motor vehicle’s original delivery to a consumer may be extended if the nonconformity
has been reported but has not been repaired by the manufacturer or its agent by the
expiration of the applicable period.
NOTICE AND FINAL REPAIR ATTEMPT
Before availing himself or herself of the provisions of the lemon law, the consumer or
the consumer’s representative must give written notification to the manufacturer of the
need for repair of the nonconformity, in order to allow the manufacturer an opportunity
to cure the alleged nonconformity.  Upon receipt of the notice, the manufacturer must
immediately notify the consumer of a reasonably accessible repair facility of a
franchised new vehicle dealer.  After the consumer delivers the new motor vehicle to the
authorized repair facility, the manufacturer has ten calendar days to conform the new
motor vehicle to the express warranty.
DISPUTE RESOLUTION
If the manufacturer has established an informal dispute settlement procedure that
complies with 16 C.F.R. Part 703, then the provisions requiring refund or replacement
do not apply unless the consumer has first resorted to the informal dispute settlement
procedure.
TIME PERIOD FOR FILING CLAIMS
An action must be commenced within the earlier of (1) six months following expiration
of the express warranty, or (2) 18 months following the date of the vehicle’s original
delivery to a consumer.  If a consumer resorts to an informal dispute settlement
procedure, an action must be commenced within 90 days following the procedure’s final
action.

REMEDIES UNDER THE MISSOURI LEMON LAW
REPURCHASE
The Missouri lemon law sets out the following amounts that a manufacturer must pay
when it repurchases a new motor vehicle under the lemon law:
1.   The full purchase price of the new motor vehicle; and
2.   All reasonably incurred collateral charges, meaning those additional charges to a
consumer not directly attributable to a manufacturer’s suggested retail price label for
the new motor vehicle, including all sales tax, license fees, registration fees, title fees
and motor vehicle inspections;
3.   Less a reasonable allowance for the consumer’s use of the vehicle.
The manufacturer may refund to the consumer any sales tax, license fees, registration
fees, and title fees paid by the consumer as a result of purchasing the vehicle, and then
apply to the Department of Revenue for a refund of these amounts.  Alternatively, the
manufacturer may direct the consumer to apply to the Department of Revenue for a
refund of any sales tax, license fees, registration fees, and title fees paid by the consumer
as a result of purchasing the vehicle, provided the manufacturer also gives the consumer
documentation to prove the consumer paid these amounts.
Refunds must be made to the consumer and lienholder of record, if any, as their
interests may appear.
REPLACEMENT
The Missouri lemon law provides that a replacement new motor vehicle be an identical
or reasonably equivalent new motor vehicle that is acceptable to the consumer.  The
consumer is responsible for a reasonable allowance for the consumer’s use of the
vehicle.