Missouri Lemon Law

Missouri's lemon law is Mo. Rev. Stat. §§ 407.560 to 407.579, the Missouri Lemon Law (New Motor Vehicle Warranties - Nonconformity), RSMo Chapter 407. It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.

Missouri lemon law at a glance

Does your vehicle qualify in Missouri?

The law covers new motor vehicles (transferred for the first time from a manufacturer, distributor or new vehicle dealer, never registered or titled in any state, and offered for sale by a dealer franchised for that make) bought primarily for personal, family, or household purposes, including demonstrators and lease-purchase vehicles if a manufacturer's warranty was issued as a condition of sale. Excludes vehicles used as commercial motor vehicles, off-road vehicles, mopeds, electric bicycles, motorcycles, and recreational motor vehicles except their chassis, engine, powertrain and component parts. The protection period is term of the express warranty or 1 year from original delivery, whichever expires earlier. The period may be extended if a reported warranty problem has not been repaired by the time it expires (§ 407.573.1). Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:

• Repeated repairs: Same nonconformity subject to repair 4 or more times within the protection period and it continues to exist.
• Days out of service: Cumulative total of 30 or more working days out of service for repair of the nonconformity since delivery, excluding routine maintenance; the 30 days may be extended while repair services are unavailable for reasons beyond the manufacturer's control.

As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.

Notice, dispute programs and deadlines

Before using the law, the consumer (or a representative) must give the manufacturer written notice of the need to repair the nonconformity so it has an opportunity to cure. The manufacturer must direct the consumer to a reasonably accessible franchised dealer repair facility, and then has 10 calendar days after the vehicle is delivered there to conform it to the warranty (§ 407.573.2).

If the manufacturer has established an informal dispute settlement procedure that complies in all respects with 16 C.F.R. Part 703, the refund and replacement provisions do not apply to a consumer who has not first used it (§ 407.575). No state-run program.

Deadline: Within 6 months after the express warranty expires or 18 months after original delivery, whichever is earlier; if the consumer used an informal dispute procedure, within 90 days after the panel's final action.

Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.

What you can recover

At the manufacturer's option, a comparable new replacement vehicle acceptable to the consumer, or a refund of the full purchase price including all reasonably incurred collateral charges (sales tax, license, registration and title fees, inspections), less a reasonable allowance for the consumer's use (no formula stated). The use allowance applies to both replacement and refund (§ 407.567). Yes. A consumer who complied with the law and finally prevails in court shall be allowed costs and expenses, including attorney's fees based on actual time expended (§ 407.577.1). A consumer whose claim is found to be in bad faith, solely for harassment, without a substantial justifiable issue, or whose final recovery is not at least 10 percent greater than the manufacturer's pre-suit settlement offer is liable for the manufacturer's costs and reasonable attorney's fees (§ 407.577.2). Many claims are also resolved by a negotiated settlement. See buyback and replacement.

Federal warranty law also applies

The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Missouri's lemon law, for example some used vehicles sold with a warranty or a service contract.

Talk to us about your Missouri vehicle

SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.