| Missouri Lemon Laws | |||
| 407. 565. For the purposes of sections 407.560 to 407.579, if a new motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer, or its agent, during the term of such express warranties, or during the period of one year following the date of original delivery of the new motor vehicle to the consumer, whichever period expires earlier, the manufacturer, or its agent, shall make such repairs as are necessary to conform the new vehicle to such express warranties, notwithstanding the fact that such repairs are made after the expiration of such term or such one-year period. | |||
| 407. 567. 1. If the manufacturer, through its authorized dealer or its agent, cannot
conform the new motor vehicle to any applicable express warranty by repairing or
correcting any default or condition which impairs the use, market value, or safety of the
new motor vehicle to the consumer after a reasonable number of attempts, the manufacturer
shall, at its option, either replace the new motor vehicle with a comparable new vehicle
acceptable to the consumer, or take title of the vehicle from the consumer and refund to
the consumer the full purchase price, including all reasonably incurred collateral
charges, less a reasonable allowance for the consumer's use of the vehicle. The
subtraction of a reasonable allowance for use shall apply when either a replacement or
refund of the new motor vehicle occurs. 2. Refunds shall be made to the consumer and lienholder of record, if any, as their interests may appear. |
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| 407. 573. 1. The terms, conditions, or limitations of the express warranty, or* the
period of one year following the date of original delivery of the new motor vehicle to a
consumer, whichever expires earlier, may be extended if the new motor vehicle warranty
problem has been reported but has not been repaired by the manufacturer, or its agent, by
the expiration of the applicable time period. 2. The manufacturer shall provide information for consumer complaint remedies with each new motor vehicle. It shall be the responsibility of the consumer, or his representative, prior to availing himself of the provisions of sections 407.560 to 407.579, to give written notification to the manufacturer of the need for the repair of the nonconformity, in order to allow the manufacturer an opportunity to cure the alleged defect. The manufacturer shall immediately notify the consumer of a reasonably accessible repair facility of a franchised new vehicle dealer to conform the new vehicle to the express warranty. After delivery of the new vehicle to an authorized repair facility by the consumer, the manufacturer shall have ten calendar days to conform the new motor vehicle to the express warranty. Upon notification from the consumer that the new vehicle has not been conformed to the express warranty, the manufacturer shall inform the consumer if an informal dispute settlement procedure has been established by the manufacturer in accordance with section 407.575. However, if prior notice by the manufacturer of an informal dispute settlement procedure has been given, no further notice is required. 3. Any action brought under sections 407.560 to 407.579 shall be commenced within six months following expiration of the terms, conditions, or limitations of the express warranty, or within eighteen months following the date of original delivery of the new motor vehicle to a consumer, whichever is earlier, or, in the event that a consumer resorts to an informal dispute settlement procedure as provided in sections 407.560 to 407.579, within ninety days following the final action of any panel established pursuant to such procedure. |
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| 407. 575. If a manufacturer has established an informal dispute settlement procedure which complies in all respects with the provisions of the code of Federal Regulations, 16 C.F.R. 703, provisions of sections 407.560 to 407.579 concerning refunds or replacements shall not apply to any consumer who has not first resorted to such procedure. | |||
| Missouri Revised Statutes
Sections 407.560 through 407.579 407.560 Definitions |
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