Missouri Lemon Law

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• Definition of Nonconformity
• Manufacturer’s Duty to Repair
• Reasonable Number of Repair Attempts
• Refund or Replacement
• Written Notice and Opportunity to Cure
• Time Limits to File Suit
• Informal Dispute Settlement
• Allowance for Use
• Summary
• Request Free Case Evaluation

Definition of Nonconformity (V.A.M.S. 407.565)

A “nonconformity” means any defect or condition that:

• Substantially impairs the use, market value, or safety of a new motor vehicle, and
  
• Is covered by the manufacturer’s express warranty.

Manufacturer’s Duty to Repair (V.A.M.S. 407.565)

If a new vehicle does not conform to the express warranty and the consumer reports the nonconformity:

• During the warranty period, or

• Within one year of delivery (whichever is earlier),

the manufacturer or its authorized agent must make repairs necessary to conform the vehicle to the warranty. This duty applies even if the repairs take place after the warranty period expires.

Reasonable Number of Repair Attempts (V.A.M.S. 407.571)

A presumption of nonconformity arises if:

1. The same defect has been repaired four or more times without being fixed, or
   
2. The vehicle has been out of service for 30 or more cumulative working days due to repairs.

Refund or Replacement (V.A.M.S. 407.567)

If the defect cannot be repaired after a reasonable number of attempts, the consumer may choose between:

• A replacement vehicle acceptable to the consumer, or
  
• A refund of the purchase price, including collateral charges, minus a reasonable allowance for use.

Written Notice and Opportunity to Cure (V.A.M.S. 407.573)

Before seeking lemon law remedies, the consumer must:

• Notify the manufacturer in writing of the need for repair, and
  
• Give the manufacturer the opportunity to cure the defect.

Once the vehicle is delivered to an authorized repair facility, the manufacturer has 10 calendar days to attempt the repair.

Time Limits to File Suit (V.A.M.S. 407.573)

A legal action must be filed:

• Within six months after the warranty period expires, or
  
• Within 18 months of the vehicle’s original delivery date,
  

whichever is earlier.

If the consumer uses an informal dispute settlement procedure, the lawsuit must be filed within 90 days of the final decision.

Informal Dispute Settlement (V.A.M.S. 407.573; 407.575)

If the manufacturer provides an informal dispute settlement procedure that complies with § 407.575, the consumer must use it before filing a lawsuit under the lemon law.

Allowance for Use (V.A.M.S. 407.567)

When issuing a refund or replacement, the manufacturer may deduct a reasonable allowance for the consumer’s use of the vehicle.

Summary

• Missouri’s lemon law provides:

  • Mandatory repairs within the warranty period or one year from delivery
  • A presumption after four repair attempts or 30 working days out of service
    
  • Refund or replacement remedies
    
  • Written notice and a 10-day cure opportunity
    
  • Strict filing deadlines
    
  • Required use of any qualifying informal dispute process
    
  • A reasonable allowance for use deduction

If you think your vehicle may qualify as a lemon, contact The Auto Lemon Lawyer today to discuss your options and next steps.