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Missouri Lemon Law
Missouri
Revised Statutes, 407.560 – 407.583
407.560
Definitions.
As
used in sections 407.560 to 407.579, the
following terms mean:
(1)
"Collateral charges", those
additional charges to a consumer not directly
attributable to a manufacturer's suggested
retail price label for the new motor vehicle.
For the purposes of sections 407.560 to
407.579, "collateral charges"
includes all sales tax, license fees,
registration fees, title fees and motor
vehicle inspections;
(2)
"Comparable motor vehicle", an
identical or reasonably equivalent motor
vehicle;
(3)
"Consumer", the purchaser, other
than for the purposes of resale, of a new
motor vehicle, primarily used for personal,
family, or household purposes, and any person
to whom such new motor vehicle is transferred
for the same purposes during the duration of
an express warranty applicable to such new
motor vehicle, and any other person entitled
by the terms of such warranty to enforce the
obligations of the warranty;
(4)
"Express warranty", any written
affirmation of the fact or promise made by a
manufacturer to a consumer in connection with
the sale of new motor vehicles which relates
to the nature of the material or workmanship
or will meet a specified level of performance
over a specified period of time;
(5)
"Manufacturer", any person engaged
in the manufacturing or assembling of new
motor vehicles as a regular business;
(6)
"New motor vehicle", any motor
vehicle being transferred for the first time
from a manufacturer, distributor or new
vehicle dealer, which has not been registered
or titled in this state or any other state
and which is offered for sale, barter or
exchange by a dealer who is franchised to
sell, barter or exchange that particular make
of new motor vehicle. The term "new
motor vehicle" shall include only those
vehicles propelled by power other than
muscular power, but the term shall not
include vehicles used as a commercial motor
vehicle, off-road vehicles, mopeds,
motorcycles or recreational motor vehicles as
defined in section 301.010, RSMo, except for
the chassis, engine, powertrain and component
parts of recreational motor vehicles. The
term "new motor vehicle" shall also
include demonstrators or lease-purchase
vehicles as long as a manufacturer's warranty
was issued as a condition of sale.
407.565
Report of nonconformity required.
For
the purposes of sections 407.560 to 407.579,
if a new motor vehicle does not conform to
all applicable express warranties, and the
consumer reports the nonconformity to the
manufacturer, or its agent, during the term
of such express warranties, or during the
period of one year following the date of
original delivery of the new motor vehicle to
the consumer, whichever period expires
earlier, the manufacturer, or its agent,
shall make such repairs as are necessary to
conform the new vehicle to such express
warranties, notwithstanding the fact that
such repairs are made after the expiration of
such term or such one-year period.
407.567
Replacement of motor vehicle or refund of
purchase price.
(1)
If the manufacturer, through its authorized
dealer or its agent, cannot conform the new
motor vehicle to any applicable express
warranty by repairing or correcting any
default or condition which impairs the use,
market value, or safety of the new motor
vehicle to the consumer after a reasonable
number of attempts, the manufacturer shall,
at its option, either replace the new motor
vehicle with a comparable new vehicle
acceptable to the consumer, or take title of
the vehicle from the consumer and refund to
the consumer the full purchase price,
including all reasonably incurred collateral
charges, less a reasonable allowance for the
consumer's use of the vehicle. The
subtraction of a reasonable allowance for use
shall apply when either a replacement or
refund of the new motor vehicle occurs.
(2)
Refunds shall be made to the consumer and
lien holder of record, if any, as their
interests may appear.
407.569
Affirmative defenses.
It
shall be an affirmative defense to any claim
under sections 407.560 to 407.579 that:
(1)
An alleged nonconformity does not
substantially impair the use, market value,
or safety of the motor vehicle;
(2)
A nonconformity is the result of abuse,
neglect, or unauthorized modifications or
alterations of a motor vehicle;
(3)
A claim by a consumer was not filed in good
faith; or
(4)
Any other affirmative defense allowed by law.
407.571
Presumptions of nonconformity.
It
shall be presumed that a reasonable number of
attempts have been undertaken to conform a
new motor vehicle to the applicable express
warranties if within the terms, conditions,
or limitations of the express warranty, or
during the period of one year following the
date of original delivery of the new motor
vehicle to a consumer, whichever expires
earlier, either:
(1)
The same nonconformity has been subject to
repair four or more times by the
manufacturer, or its agents, and such
nonconformity continues to exist; or
(2)
The new vehicle is out of service by reason
of repair of the nonconformity by the
manufacturer, through its authorized dealer
or its agents, for a cumulative total of
thirty or more working days, exclusive of
down time for routine maintenance as
prescribed by the manufacturer, since
delivery of the new vehicle to the consumer.
The thirty-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 or its agents.
407.573
Warranty extension.
(1)
The terms, conditions, or limitations of the
express warranty, or the period of one year
following the date of original delivery of
the new motor vehicle to a consumer,
whichever expires earlier, may be extended if
the new motor vehicle warranty problem has
been reported but has not been repaired by
the manufacturer, or its agent, by the
expiration of the applicable time period.
(2)
The manufacturer shall provide information
for consumer complaint remedies with each new
motor vehicle. It shall be the responsibility
of the consumer, or his representative, prior
to availing himself of the provisions of
sections 407.560 to 407.579, to give written
notification to the manufacturer of the need
for the repair of the nonconformity, in order
to allow the manufacturer an opportunity to
cure the alleged defect. The manufacturer
shall immediately notify the consumer of a
reasonably accessible repair facility of a
franchised new vehicle dealer to conform the
new vehicle to the express warranty. After
delivery of the new vehicle to an authorized
repair facility by the consumer, the
manufacturer shall have ten calendar days to
conform 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 in accordance
with section 407.575. However, if prior
notice by the manufacturer of an informal
dispute settlement procedure has been given,
no further notice is required.
(3)
Any action brought under sections 407.560 to
407.579 shall be commenced within six months
following expiration of the terms,
conditions, or limitations of the express
warranty, or within eighteen months following
the date of original delivery of the new
motor vehicle to a consumer, whichever is
earlier, or, in the event that a consumer
resorts to an informal dispute settlement
procedure as provided in sections 407.560 to
407.579, within ninety days following the
final action of any panel established
pursuant to such procedure.
407.575
Manufacturer with approved settlement
procedure.
If
a manufacturer has established an informal
dispute settlement procedure which complies
in all respects with the provisions of the
code of Federal Regulations, 16 C.F.R. 703,
provisions of sections 407.560 to 407.579
concerning refunds or replacements shall not
apply to any consumer who has not first
resorted to such procedure.
407.577
Court action by consumer.
(1)
If a consumer undertakes a court action after
complying with the provisions of sections
407.560 to 407.579 and finally prevails in
that action, he shall be allowed by the court
to recover as part of the judgment a sum
equal to the aggregate amount of costs and
expenses, including attorney's fees based on
actual time expended, determined by the court
to have been reasonably incurred by the
plaintiff for or in connection with the
commencement and prosecution of such action.
(2)
If any claim by a consumer under sections
407.560 to 407.579 is found by a court to
have been filed in bad faith, or solely for
the purpose of harassment, or in the absence
of a substantial justifiable issue of either
law or fact raised by the consumer, or for
which the final recovery is not at least ten
percent greater than any settlement offer
made by the manufacturer prior to the
commencement of the court action, then the
consumer shall be liable for all costs and
reasonable attorney's fees incurred by the
manufacturer, or its agent, as a direct
result of the bad faith claim.
407.579
Consumer's right to other remedies.
(1)
Except as provided in subdivision (1) of
section 407.560, nothing in sections 407.560
to 407.579 shall in any way limit the rights
or remedies which are otherwise available to
a consumer at law or in equity.
(2)
Sections 407.560 to 407.579 shall apply to
any new motor vehicle sold after January 1,
1985.
407.583
Warranty repairs, labor cost compensation to
dealer.
When
a dealer makes repairs to any motor vehicle
or vessel pursuant to any warranty provision,
the dealer shall receive from the
manufacturer or distributor giving the
warranty, reasonable compensation for labor
at a rate no less than that posted by the
dealer for labor not under warranty.
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