Kansas Lemon Law Lemon laws are similar from state to state. They follow a
similar format but have slight differences. Some states have more
emphatic requirements in some areas. In the state of Kansas consumers
who are the first lessee or purchaser of a new motor vehicle may follow
lemon procedure if the motor vehicle is deemed a lemon.
The motor vehicle must first fit the necessary requirements. All
vehicles that are twelve thousand pounds or fewer are eligible for
lemon compensation. When a new motor vehicle has been deemed defectives
and cannot be subject to repair upon attempt, the individual is
eligible for lemon compensation through replacement or refund.
Prior to being named a lemon a motor vehicle must first be subject to
various repair attempts. A reasonable number of attempts (3-4) must
first take place before being presented to the manufacturer. Refunds
are to include the full leasing or purchasing price of the motor
vehicle as well as collateral cost. Often allowance of use will be
deducted from the purchasing or leasing price.
Only motor vehicles that are still under their manufacturer's express
warranty are subject to lemon laws. If a motor vehicle is reported
prior to the express warranty's expiration, it is subject to repair
even after the express warranty has expired. If the warranty has
expired prior to reporting, then the vehicle will not qualify for
compensation.
Declaring In the state of Kansas very few motor vehicles can be deemed a
lemon because most repairs can be made fully. When a motor vehicle is
to be declared a lemon, a third party shall intervene. Third party
decisions in Kansas are only binding to the manufacturer. They are not
binding to the consumer.
Kansas lemon law declares the consumers responsibilities as well as
those of the manufacturer and dealer. Other rights and remedies towards
the consumer shall not be limited.
Attempted Repairs When a motor vehicle is to be presented to a manufacturer,
agent, or dealer for repair, the manufacturer, agent, or dealer is
required by law to attempted a full repair of the defect. This repair
must restore the motor vehicle to the manufacturing standard. If this
standard cannot be met, the consumer is subject to fully compensation.
The defect in question must hinder the safety of the driver or
passengers. Defects of radio equipment or cosmetic defects are not
subject to lemon compensation.
Replacement A replacement motor vehicle will often first be provided for
compensation. This motor vehicle is required to be of the same market
value as the lemon vehicle. If a consumer chooses not to accept a
replacement vehicle, he or she is subject to full refund.
Besides the full purchasing or leasing price, the consumer shall also
receive all taxes paid and registration fees. If the motor vehicle has
been subject to abuse outside of the defected area, the costs will be
deducted from the purchasing or leasing price. All cosmetic additions
to a motor vehicle will not be refunded, including extra painting or
cosmetic alterations to the motor vehicle's body.