Everything You Need To Know About Missouri’s Lemon Law
posted January 11, 2008 - 5:35pmWhat kind of protection does the Missouri lemon laws offer you? We’ll give you the answers to this question directly.
Different states’ lemon laws offer different protections. For example, in North Carolina coverage extends for either two years from the time you buy the car or up to 24,000 miles. Your car may be a lemon if what the manufacturer has done to fix it—usually through the dealership where you bought the car—hasn’t worked, and they’ve tried four or more times to fix it. The car can also be called a lemon if it’s been in for repairs for 20 days or more in a twelve-month period. Very few states cover problems that aren’t covered by the manufacturer’s warranty, and North Carolina’s is no exception. If North Carolina determines that your car is a lemon, you can get a refund for the price you bought it for, minus a “reasonable allowance” for the use you’ve had of it. The formula used to determine this reasonable allowance is complicated and about as user friendly as a cactus in the pants.
Michigan’s lemon law is similar, but the problems which qualify the car as a lemon can be defined by the consumer, rather than the manufacturer. This powerful piece of consumer-friendly legislation is unheard of in most other states, and surprising given Michigan’s close ties with the auto industry.
South Carolina’s lemon law only requires people to try to fix their car’s problem three times before they can go to arbitration. Their law requires that the arbitration be free and that it not take longer than 40 days to be resolved. Family vehicles are covered under the South Carolina law—cars, pick-up trucks and small vans. The problem has to occur within 12 months or 12,000 miles of buying the car or must take the car is out of service for 30 days or more.
Now that you have a rough idea of what other states’ laws offer, we’ll get on to what you’re really interested in.
Missouri’s lemon law says that if a new motor vehicle doesn’t conform to all applicable express warranties, and the consumer reports the problem to the manufacturer during the term of these warranties, or one year following the date of purchase, the manufacturer must make such repairs as are necessary to conform the new vehicle to such express warranties. (Can you tell we’re quoting heavily from Missouri’s statute?)
: If the manufacturer can’t fix the car, the manufacturer shall, at its option, either replace it with a comparable new vehicle acceptable to the consumer, or take the vehicle back from the consumer and refund the full purchase price, including all reasonably incurred collateral charges, less a reasonable allowance for the consumer's use of the vehicle.
: A reasonable number of attempts must be made by the manufacturer—four or more times or the car is out of service for thirty or more working days. This 30-day period may be extended by a period of time during which repair services are not available to the consumer because of conditions beyond the control of the manufacturer.
: The terms of the express warranty may be extended if the problem has been reported but has not been repaired by the manufacturer.
: The manufacturer shall provide information for consumer complaint remedies with each new motor vehicle. (Your owners manual is an excellent place to find a lot more very helpful information—helpful, but not necessarily satisfying.)
: It is the responsibility of the consumer to give the manufacturer written notification of the need for repair.
: After you deliver the new vehicle to an authorized repair facility, the manufacturer has ten calendar days to repair the new motor vehicle to the express warranty. Upon notification from the consumer that the new vehicle has not been conformed to the express warranty, the manufacturer shall inform the consumer if an informal dispute settlement procedure has been established by the manufacturer. However, if prior notice by the manufacturer of an informal dispute settlement procedure has been given, no further notice is required.
Dense language, but did you see what kind of coverage we have? If you think your car is a lemon, get an itemized statement of everything the dealer did to fix it every time you take it in. Keep this list of receipts handy. Make sure they include the date of the repair and the mileage. Make notes of what happened as a result of the break down (were you late for work? left stranded?) Record all the conversations you have about the problem, along with the names of the people you have them with. And again see what your owners manual tells you to do. Find out in detail what the manufacturer wants you to do.
The common themes in all the stories we’ve heard is that the manufacturer is never eager to resolve the issue to the buyer’s satisfaction. As a result, fighting with them becomes a source of stress, anger and frustration. To make your case as strong as possible, it’s best to jump through every hoop the manufacturer throws your way. Think of creative ways to document your problems (like taking photographs, if possible). Address every problem promptly, since you don’t have much time with lemon law issues. And hang in there. The Missouri lemon law offers you a fair amount of protection, even if it seems completely unhelpful right now.
It’s a bummer that you have to look for information about the Missouri lemon law, because this probably means that you’re having serious trouble with your car. Please hang in there and do all the things you’re learning to get yourself some relief. This terrible season of life will pass soon.
