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Any problem that substantially impairs the use and market value of the product and warrantor is unable to make the product free form defects within a reasonable number of attempts. If you bought a malfunctioning vehicle, you may need a lemon law attorney to recover your losses.
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EVALUATION
MISSOURI Lemon Law:
Mo. Rev. Stat. §§ 407.560 to 407.579
Vehicles covered: Vehicles, including lease-purchases and demonstrators,
transferred for the first time from the manufacturer/dealer
which have not been registered or titled; excludes commercial and
off-road vehicles, mopeds, motorcycles, and non-motor parts of
recreational vehicles (§ 407.560(6)).
Persons covered: Purchasers, transferees during express warranty
period, or any person entitled to enforce the warranty if vehicle
primarily used for personal, family, or household purposes
(§ 407.560(3)).
Period covered: Whichever comes first: expiry of term of express
warranty or one year from date of delivery (§ 407.565).
Disclosure requirements: Manufacturer must inform the consumer
about complaint remedies; after receiving consumer notice, must
inform consumer of accessible repair facility and whether arbitration
procedure is available (§ 407.573).
Required consumer notice:Written notification to the manufacturer
(§ 407.573).
Repair requirements: It is presumed that a reasonable number of
attempts have been made if the same nonconformity is subjected to
four or more repairs, or the vehicle is out of service for a cumulative
total of thirty or more working days (§ 407.571). Ten days
to cure after post-notice delivery of vehicle to repair facility
(§ 407.573(2)).
Affırmative defenses: The nonconformity does not substantially
impair the use, market value or safety of the vehicle; or is the result
of the consumer’s abuse, neglect, or unauthorized modifications or
alterations; claim is not filed in good faith; any other defenses
allowed by law (§ 407.569); statute of limitations (§ 407.573).
Replace/refund: At the manufacturer’s option, the manufacturer
shall replace with a new comparable vehicle, acceptable to the
consumer, or refund the full purchase price less a reasonable use
allowance (§ 407.567).
Other reimbursement: Collateral charges (defined in § 407.560(1))
(§ 407.567(1)). Costs, expenses and attorney fees (§ 407.577(1)).
Other remedies: There is no limit on other consumer remedies
(§ 407.579(1)).
Informal dispute resolution: For remedies under this section a
consumer must first use an informal dispute settlement procedure
established by the manufacturer, provided the procedure complies
with 16 C.F.R. pt. 703 (§ 407.575).
Resale of lemon: No applicable provisions.
After submitting your free lemon law case evaluation, one of our attorneys will respond to you within 24 hours.
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