Kansas’ lemon law covers most consumer vehicles, provided that they weigh less than 12,000 pounds. The law covers vehicles such as automobiles, sport utility vehicles, vans and trucks. The law applies to the original owner only and covers the vehicle for a period of twelve months. This differs from other states’ laws, which cover the vehicle during the warranty period no matter how many owners it has had. 

Under the terms of the Kansas lemon law, a vehicle will qualify as a lemon if it meets the following requirements:

• The vehicle must have a defect or nonconformity which substantially affects the safety, use or value of the vehicle.
• That nonconformity must not be the result of abuse, neglect or unauthorized modification of the vehicle by the consumer.
• The vehicle must have been presented to the manufacturer for repairs and still exists despite a reasonable number of repair attempts. The law defines reasonable as:
• The problem occurs four times within the first year of ownership
• The vehicle has been in the shop more than nine times to address ‘substantial” problems
• The vehicle has been out of service for a total of 30 or more days. This period may be extended if the repairs have not been made due to circumstances beyond the control of the manufacturer, such as fire, flood, strike, war or natural disaster.
• Under certain extreme conditions, the vehicle may qualify with only one visit to the shop

At this point, in an ideal world, the manufacturer will agree that the vehicle is perpetually defective and will offer a replacement or a refund of the purchase price. Should this not happen, other avenues are available to the consumer in order to obtain relief.

Kansas requires that owners of such vehicles notify the manufacturer in writing and submit to an informal dispute resolution program, or arbitration procedure, should the manufacturer provide one. Such programs are established by the manufacturers in order to expedite lemon law claims. They generally lead to much faster resolutions the the problem than lawsuits, which can take months or even years to schedule. Should arbitration fail to provide suitable relief, and sometimes it doesn’t, the owner may either file a lawsuit in state court or file a complaint through the office of the Kansas Attorney General. If you elect to sue in a court of law, you would be well advised to consult with an attorney, preferably one that is experienced in dealing with defective motor vehicle law.

Should the vehicle be declared a lemon, either voluntarily, through arbitration, or in a lawsuit, the owner will be entitled to his or her choice of the following:

A replacement with a comparable new vehicle that is acceptable to the consumer.

A refund of the full purchase price, including all collateral charges. This generally includes sales tax, license and registration fees, dealer preparation charges, transportation charges and finance charges, if any. As always, the manufacturer is permitted to make an adjustment to the refund amount to compensate for wear and tear and miles driven by the owner prior to the development of the defect.

If you are having problems with your car, pickup truck or minivan, you may realize that you need legal assistance. LegalMatch can help locate an experienced attorney near your home. Confidentiality is secure, all lawyers are licensed, and the service is free.

For more information on the Kansas Lemon Law, see their homepage.