Lemon Laws in Kansas

Kansas lemon laws apply to new vehicles under 12,000 pounds that were purchased or leased by a Kansas resident for personal or household use.
Written by Michelle Ballestrasse
Reviewed by Kathleen Flear
Kansas lemon laws apply to new vehicles weighing less than 12,000 pounds that were purchased or leased by a resident of Kansas for personal or household use.
If your new car is leaving a sour taste in your mouth, breaking down constantly for the same problem no matter how many times you take it to the mechanic, you may have a lemon on your hands. That’s where lemon laws come in.
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What is a lemon law?

A "lemon" colloquially refers to automobiles like cars, trucks, and motorcycles, but it can apply to any product that doesn’t live up to its promised performance under the manufacturer’s warranty. Lemon laws are laws that protect consumers from such defective or faulty products.
All 50 states and Washington, D.C. have their own variation of
lemon laws
, but they all have one thing in common: they help compensate buyers for their defective vehicles. This ensures that a consumer isn’t stuck footing the bill for a vehicle they can’t use.

Is there a lemon law in Kansas?

Yes, the Kansas lemon law covers new vehicles with a gross weight of less than 12,000 pounds. They must have been
purchased or leased
by a resident of Kansas for personal or household use.

Is my defect covered under the lemon law?

Your vehicle could be considered a lemon if within one year of delivery or when the manufacturer’s warranty expires( whichever comes first) one of the following applies:
  • You’ve had to bring it in to repair the same defect 4 or more times
  • You’ve had to bring it in to repair multiple defects 10 or more times
  • The defect cannot be repaired in less than thirty cumulative days
The defect must be an issue covered by the vehicle’s express warranty and must not be caused by neglect, misuse, or unauthorized modifications.

Are used cars covered under the lemon law?

Kansas’s lemon laws do not cover used cars.
For this reason, due diligence when it comes to used car shopping is imperative to avoid getting stuck with a lemon. Test drive the car before you buy it. Purchase a CARFAX report or look into the vehicle’s history, including any recalls for the make, model, and year. Have a mechanic evaluate it, if you can.
Key Takeaway Kansas’s lemon laws do not cover used cars.

What about new cars?

New cars that were purchased or leased by a Kansas resident and weigh less than 12,000 pounds gross vehicle weight are covered by lemon laws up to a year after delivery or when the manufacturer’s warranty expires, whichever comes first.
If your car has been altered in any way since you purchased or leased it, you may no longer qualify for protection under the state’s lemon law.

How to pursue your lemon law rights in Kansas

If your car meets all the criteria to be classified as a lemon, you can pursue your claim under Kansas lemon laws.

Document repairs

Before you begin, it’s important to document everything. This includes all repair attempts and any correspondence you’ve had with the car’s manufacturer. Follow every step and keep thorough records to ensure the strongest possible case.

Try arbitration

If your manufacturer has an arbitration process, you are required by law to undergo it. But even if there isn’t a process in place, arbitration is still an advisable first step.
Arbitration is faster, easier, and less complex than litigation. Manufacturers are bound to whatever the arbitrator decides, but if you’re not satisfied with the decision, you can still file a claim in court.

File a lawsuit

In the event that you do have to take the manufacturer to court, it’s best to hire an attorney who specializes in lemon laws. Remember that the manufacturers will have a legal team on their side to help them effectively navigate what is ultimately a long and complex process. Don’t be caught at a disadvantage.
In either arbitration or a court case, you can demand a refund or a replacement vehicle. But bear in mind that in either case, following every step isn’t a guarantee that you will win. Diligence is extremely important, so make sure you have all your bases covered—this includes records of all the repairs done to your car, which are required as part of the arbitration and legal process.
Key Takeaway Even if the manufacturer doesn’t have an arbitration process, it’s still the best first step to take.

Lemon law tips

A few things to keep in mind:
  • If you
    modify your vehicle
    in any way—customization, neglect, abuse, or misuse—lemon laws will no longer apply to you
  • All repairs should be made through the manufacturer or dealership, or by repair facilities that the dealer has authorized—and you’ll need to keep all records of these repairs
  • Keep your terminology consistent each time you take your car to the shop for repair—changing the wording you use could allow the manufacturer to argue that the issue isn’t one that needs to be fixed repeatedly and the car is therefore not covered by the lemon law
  • If your situation isn’t covered by the lemon law, you may still be protected by the federal Magnuson-Moss Warranty Act—talk to an attorney about your options
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Finding cheap car insurance

So now that that’s said and done, it’s time to protect your car against any further incidents with a great car insurance policy.
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