kansas Lemon Law FAQ

Does Kansas Have a Lemon Law?

Yes, Kansans who purchase or lease a lemon are protected by both state and federal Lemon Laws.

What Is the Lemon Law in Kansas?

The Lemon Law in Kansas is known as the Kansas Motor Vehicle Warranties Law. Under the law, manufacturers who fail to repair a defective vehicle they’ve sold or leased must replace the vehicle or issue a refund to the consumer.

The Magnuson-Moss Warranty Act also covers defective vehicles in Kansas. So even if your vehicle doesn’t qualify for compensation under the Kansas Lemon Law, there are other options. And this “federal Lemon Law” allows consumers to make claims for up to four years after the vehicle’s warranty was breached, which often translates to the date of the first repair attempt.

How Does the Lemon Law Work Here in Kansas?

To qualify for compensation under the Kansas Lemon Law, the vehicle must be purchased or leased within the state and weigh less than 12,000 lbs. The vehicle must also have a defect or “nonconformity” that substantially impairs its use, value, or safety. If the manufacturer fails to repair the defect after a reasonable number of attempts, they must accept the return of the lemon and provide you with a refund or replacement vehicle.

If you notice that your vehicle has a defect, you should notify the manufacturer as soon as possible and bring the vehicle in for repairs. The Kansas Lemon Law only applies to defects that are reported within the first year of ownership and while the vehicle is under warranty. But consumers are still protected from defects that are reported after a year.

The Magnuson-Moss Warranty Act allows consumers to seek compensation for any defects reported during the entire warranty period that the manufacturer fails to repair. So, whenever you suspect your car may be a lemon, reach out to a Kansas Lemon Law attorney. At Krohn & Moss, Ltd. Consumer Law Center® we offer free case reviews, so you have nothing to lose.

Getting back to how the Kansas Lemon Law works, you must provide the manufacturer with actual notice of the nonconformity and a reasonable number of repair attempts before filing a claim. We can provide actual notice to the manufacturer on your behalf via a formal letter. As for repair attempts, the Kansas Lemon Law presumes vehicles to be lemons if defects remain after:

● 4 repair attempts for a single defect, OR
● 10 total repair attempts for any number of defects, OR
● A total of 30 days out of service for repairs

As noted above, the Magnuson-Moss Warranty Act offers additional protection to Kansans. And under that law, consumers may file claims after a single failed repair attempt in some cases.

If the defect still exists after these repair attempts, the next step is to present your case to the manufacturer’s informal dispute resolution program, which is simply an arbitration board. Although you aren’t required to have an attorney represent you during arbitration, doing so greatly increases your chances of success.

Once the board reviews your case, they will issue a decision as to what, if any, compensation you deserve. They may offer a full refund, a replacement vehicle, or a lesser settlement. It will be up to you to decide whether or not to accept the board’s ruling. Your attorney can offer guidance as to how you should proceed, but the decision is yours to make.

If you’re not satisfied with the arbitrators’ decision, the final step in the process will be to file a lawsuit. Technically, a trial could be the last step. However, fewer than 1% of the 50,000+ Lemon Law cases we’ve handled have gone to trial. Manufacturers generally offer settlements, which our clients find to be acceptable, once we file suit.

How Long is the Lemon Law in Effect in Kansas?

Under the Kansas Lemon Law, consumers must report defects within one year of the purchase date and while it’s still covered by the manufacturer’s warranty. As long as the defect is first reported during this window, the manufacturer is obligated to repair it, even if they fail to do so before the warranty expires.

The Kansas Lemon Law does not specify a deadline on when claims need to be filed. The sooner you do so the better. But don’t avoid taking action just because a bit of time has passed. The Magnuson-Moss Warranty Act and the Uniform Commercial Code both provide up to four years to file a claim.

Thus, you may still be eligible for compensation even if years have passed since you first tried to get your lemon repaired. Regardless of how old your vehicle may be, reach out to us today for a free case review if you suspect it might be a lemon.

Does Kansas Have a Lemon Law for Used Cars?

YES! The Magnuson-Moss Warranty Act makes no distinction between new and used vehicles in Kansas. It simply requires vehicles to be covered by warranty when their defects are first reported. So even though the Kansas Motor Vehicle Warranties Law applies only to new vehicles, Kansans who purchase a used lemon can still seek compensation.

Does the Lemon Law in Kansas Cover Private Party Sales?

YES! Just as it applies to used cars, the Magnuson-Moss Warranty Act offers protection to Kansans who purchase a vehicle from a private party. The vehicle simply needs to be covered by a warranty when the defect is first reported to the manufacturer.

Does Kansas Have a Buyers Remorse Law?

Yes, but the law does not apply to vehicle sales. Whatever your reasons may be, you cannot simply return a car you just bought in Kansas. Although, if the vehicle is a lemon, you are entitled to a refund or replacement vehicle. But to claim it, you will need to take legal action.

If you recently purchased a lemon you want to return, reach out to us today for a free case review. We’ll do all we can to get you the compensation you deserve as soon as possible.

Is There a Lemon Law for Houses in Kansas?

No. The Kansas Motor Vehicle Warranties Law applies only to vehicles. And the Magnuson-Moss Warranty Act applies only to consumer products sold with a warranty. Thus, RVs and motor homes are protected under the federal Lemon Law. But traditional, stationary homes, which do not come with a warranty, are not protected by lemon laws in Kansas.