We frequently receive phone calls from potential clients complaining about a problem with a car that they have recently purchased. The call almost always includes a request to sue under the Missouri lemon law.

The “Missouri New Vehicles Warranty Law”, found in Sections 407.560 to 407.579, RSMo., also known as the Missouri lemon law, protects purchasers of a new car by forcing the manufacturer to honor its warranty. In oversimplified terms, the Missouri lemon law requires a manufacturer to replace or refund your defective vehicle after a reasonable number of failed attempts have been made to fix the same problem. There is a presumption that if the manufacturer as had 4 attempts or more to repair the vehicle for the same defect, it is unreasonable. If your vehicle has been out of commission for more than 30 business days, the car may be a lemon.

The Missouri lemon law only applies to new vehicles within the first 18 months from purchase or lease-purchase vehicles that are still under the original manufacturer’s warranty. The Missouri lemon law does not apply to:

Used vehicles.
Commercial vehicles.
Off-road vehicles.
Mopeds.
Motorcycles.
The living quarters of motorhomes and recreational vehicles.

Before you can file a lawsuit under the Missouri lemon law, you must provide a formal notice to the vehicle’s manufacturer to allow the company a final opportunity to correct the problem. If your car is not fixed after the final attempt, the manufacturer has three options:

1. Offer you a replacement;
2. Refund your original purchase price; or,
3. Dispute the fact that your car is a lemon.

If a manufacturer chooses the third option of denying that the car is a lemon, you can either begin an informal dispute process or file a lawsuit, if the manufacturer does not offer an informal dispute service. You should check your owner’s manual or contact the manufacturer for details of any dispute resolution process. If you are successful in a lawsuit, you are entitled to your attorneys fees, as well as other damages.

For more information about the Missouri lemon law and your options, you can contact the Missouri Attorney General consumer protection hotline at (800) 392-8222.

The vast majority of calls to our office involve used cars, which the Missouri lemon law does not cover. Consumers should deal with reputable car dealers when purchasing a used car. The Attorney General’s office recommends additional steps to take to protect yourself when buying a used vehicle:

1. Test drive the vehicle under a variety of traffic conditions.
2. Inspect the car for any dings, dents, or signs of cosmetic damage.
3. Have a qualified mechanic inspect the vehicle before you purchase it.
4. Do a title search to determine if the vehicle has ever been in an accident, stolen, or used as a rental car. You can do this online at www.carfax.com or www.autocheck.com.
5. Get a signed copy of any applicable warranties.

If you have a problems with a new or used car, please contact us to discuss your options.