Missouri Lemon Law

Missouri's Lemon Law (Mo. Rev. Stat. §§ 407.560–407.579) covers new motor vehicles propelled by something other than muscular power, sold to a consumer for personal, family, or household use, that are still under the manufacturer's express warranty. Demonstrators are included. The defect must substantially impair the use, market value, or safety of the vehicle, and you must report it during the warranty term or within 1 year of original delivery, whichever expires first. Excluded: commercial vehicles, off-road vehicles, mopeds, electric bicycles, motorcycles, and the residential (non-chassis) portion of recreational vehicles.

Under Mo. Rev. Stat. § 407.571, the manufacturer is presumed to have had a reasonable number of attempts if, within the warranty term or 1 year of delivery (whichever is earlier), either: (a) the same nonconformity has been subject to repair 4 or more times by the manufacturer or its agents and continues to exist, OR (b) the vehicle has been out of service by reason of repair of the nonconformity for a cumulative total of 30 or more working days. Routine maintenance time is excluded from the 30 days. You must give the manufacturer written notice and a final opportunity to repair before suing.

Generally no — Missouri's Lemon Law applies to vehicles transferred for the first time from a manufacturer, distributor, or new vehicle dealer (Mo. Rev. Stat. § 407.560). A used vehicle may still qualify if it is within the original manufacturer's express warranty and the defect was reported within the first year. Missouri has no separate used-car warranty law, so used-car buyers typically rely on the federal Magnuson-Moss Warranty Act, any dealer warranty, the implied warranty of merchantability under the Missouri UCC (often disclaimed 'as is'), and the Missouri Merchandising Practices Act for fraud or misrepresentation.

Yes, where the lessee is entitled to enforce the manufacturer's warranty. The statute's definition of 'consumer' in § 407.560 includes any person entitled to enforce warranty obligations, and lease-purchase arrangements covered by a manufacturer warranty are within the act. Lessees get the same 4-repair / 30-day presumption and the same right to a replacement or refund. The refund equals amounts actually paid under the lease plus collateral charges, minus a use allowance, and is paid to the lessee and lessor in proportion to their interests.

Missouri has one of the shortest deadlines in the country. Under Mo. Rev. Stat. § 407.573, any civil action must be commenced within 6 months following expiration of the express warranty terms, OR within 18 months of original delivery to the consumer, whichever is earlier. If you used a qualifying informal dispute settlement procedure, you have 90 additional days after the procedure concludes. Because these clocks can expire while you are still trying to get the vehicle fixed, document every repair visit and consult counsel early.

Yes, if the manufacturer has set up an informal dispute settlement procedure that complies with the Magnuson-Moss Warranty Act and FTC Rule 16 C.F.R. Part 703. Under Mo. Rev. Stat. §§ 407.573 and 407.575, you must first resort to it before pursuing the refund or replacement remedies in court. The decision is not binding on you — if you reject it, you have 90 days to sue. Programs run by BBB AUTO LINE and the National Center for Dispute Settlement are commonly used.

If the manufacturer cannot conform the vehicle to warranty after reasonable attempts, you are entitled either to a replacement vehicle or a refund of the full purchase price plus reasonably incurred collateral charges (taxes, registration, title), minus a reasonable allowance for your use of the vehicle (Mo. Rev. Stat. § 407.567). A successful consumer may also recover related damages and pursue attorney's fees and treble damages under the Missouri Merchandising Practices Act for any related misrepresentation, and attorney's fees under the federal Magnuson-Moss Warranty Act.