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Kansas (KS)

Kansas Lemon Law

Kansas Lemon Law (K.S.A. §§ 50-645 to 50-646). If your new or used vehicle has a substantial defect the dealer can't fix, you may be entitled to a refund, replacement, or cash settlement. The manufacturer pays the legal fees — you pay nothing out of pocket.

What's distinctive

How Kansas's lemon law is different

Kansas has one of the strictest reporting windows in the country – the defect must first be reported to the manufacturer or dealer within the warranty term or one year of original delivery, whichever is earlier, and the statute also recognizes a third trigger: 10 or more total repairs to any nonconformities that substantially impair use and value. The mileage offset is uniquely calculated using the AAA 'Your Driving Costs' booklet rather than a per-mile fraction.

Used vehicles

K.S.A. 50-645 applies only to new motor vehicles sold or leased in Kansas. Used vehicles are not covered, but used buyers can rely on Magnuson-Moss while a written manufacturer warranty remains in effect.

Leased vehicles

The statute's definition of consumer includes lessees of new motor vehicles. Kansas case annotations note the law does not reach 'true lease' transactions where the lessee never has any right to acquire the vehicle.

Mileage offset on a refund

Refunds include 'a reasonable allowance for the consumer's use of the vehicle' calculated from the most recent edition of 'Your Driving Costs,' published by the American Automobile Association.

Arbitration requirement

If the manufacturer maintains an informal dispute settlement procedure that substantially complies with the Magnuson-Moss federal regulations (16 C.F.R. Part 703), the consumer must submit the dispute to that procedure before pursuing the lemon-law refund or replacement remedy.

Areas served in Kansas

  • Wichita
  • Kansas City (KS)
  • Overland Park
  • Olathe
  • Topeka

State consumer-protection resource

Kansas Attorney General – Consumer Protection Division

https://ag.ks.gov/protect-consumers/consumer-protection →

Common questions

Kansas lemon law, in plain English

Does Kansas's lemon law cover me?

K.S.A. 50-645 covers new motor vehicles sold or leased in Kansas, including passenger cars, motorcycles, and trucks of 12,000 pounds or less GVWR purchased primarily for personal, family, or household use. The defect must substantially impair the use and value of the vehicle and must first be reported to the manufacturer or its authorized dealer within the term of the express warranty or within one year of original delivery, whichever is earlier. Used vehicles, vehicles bought for business use over those weight limits, and 'true lease' transactions where the lessee never acquires ownership rights are excluded.

How many repair attempts before I can file in Kansas?

Kansas creates a presumption of a reasonable number of repair attempts when, within the warranty term or first year of delivery (whichever is earlier), any of three thresholds are met: the same nonconformity has been subject to repair four or more times, the vehicle has been out of service for warranty repair for a cumulative 30 or more calendar days, or there have been 10 or more total repair attempts on any nonconformities that substantially impair the vehicle's use and value. The reporting window can be extended for delays caused by war, strike, fire, flood, or natural disaster.

Are used cars covered under Kansas lemon law?

No – K.S.A. 50-645 applies only to new motor vehicles sold or leased in Kansas. Used-car buyers in Kansas have to rely on the federal Magnuson-Moss Warranty Act for any breach of a written manufacturer warranty that is still in effect, plus UCC Article 2 implied warranties of merchantability (unless validly disclaimed in an 'as-is' sale), and the Kansas Consumer Protection Act for deceptive seller conduct. Kansas does not have a separate used-car warranty statute like Massachusetts or New York.

Are leased vehicles covered in Kansas?

Generally yes – Kansas defines 'consumer' to include lessees of new motor vehicles, so most consumer leases of qualifying new vehicles fall under K.S.A. 50-645. Kansas appellate annotations have carved out 'true lease' transactions where the lessee has no option or right to acquire the vehicle, holding those are not covered. If you signed a typical retail consumer lease with a residual purchase option, you almost certainly have lemon-law standing.

How long do I have to file a lemon law claim in Kansas?

Kansas's lemon law itself does not specify a statute of limitations, so courts apply the general four-year UCC breach-of-warranty period under K.S.A. 84-2-725, which runs from the date of vehicle delivery (not from when the defect was discovered). The federal Magnuson-Moss Warranty Act also borrows that four-year UCC period. Critically, you must have first reported the defect within the warranty term or one year of delivery, whichever is earlier, or you lose the lemon-law presumption entirely – even if your lawsuit is timely under the four-year clock.

Do I have to go through arbitration in Kansas before suing?

Yes, if the manufacturer operates an informal dispute settlement procedure that substantially complies with the Federal Trade Commission's Magnuson-Moss regulations (16 C.F.R. Part 703), you must submit to it before invoking the K.S.A. 50-645 refund/replacement remedy. Most major manufacturers run BBB AUTO LINE or similar programs that meet that standard. The arbitrator's decision is generally not binding on you – if you reject the outcome, you can still file a lawsuit in district court.

What's the difference between the Kansas statute and federal Magnuson-Moss?

K.S.A. 50-645 forces a manufacturer to refund or replace a qualifying new vehicle once specific repair-attempt or out-of-service triggers are hit, with the mileage offset calculated from AAA's 'Your Driving Costs' guide. Magnuson-Moss is a broader federal warranty statute that lets you sue for any breach of written or implied warranty on consumer products, covers used vehicles still under a manufacturer warranty, and importantly entitles a successful consumer to attorney's fees – an advantage Kansas's lemon law itself does not expressly grant. Many Kansas vehicle cases plead both.

Stuck with a lemon in Kansas?

Free case review. No fees unless we win — and the manufacturer pays the legal fees, not you.