How does the lemon law process work in Missouri?
Missouri's lemon law process is enforced through civil court, preceded by manufacturer informal dispute resolution where certified.
1. Governing Statute
Mo. Rev. Stat. §§ 407.560 through 407.579 (New Motor Vehicle Warranty Law). Consumer assistance through the Missouri Attorney General's Consumer Protection Division.
2. Coverage
Covers new motor vehicles sold in Missouri to a consumer for personal, family, or household use, including motor homes (chassis and powertrain only). Excludes commercial vehicles over 12,000 lbs GVWR, motorcycles, mopeds, off-road vehicles, motor homes' living quarters, and used vehicles. Leased vehicles are covered.
3. Lemon Presumption
Under § 407.571, a reasonable number of attempts is presumed if within 1 year from delivery or the express warranty term, whichever first: (a) the same nonconformity has been subject to repair 4 or more times, or (b) the vehicle is out of service for repair 30+ working days.
4. Notice to Manufacturer
After the second repair attempt, the consumer must give written notice by certified mail to the manufacturer of the alleged nonconformity, with a final opportunity to cure (§ 407.567).
5. Manufacturer's Buy-Back / Replacement
At the consumer's option, manufacturer must replace with a comparable new vehicle or refund the full purchase price including collateral charges (taxes, license, registration), minus a reasonable allowance for use (statutory mileage formula).
6. Arbitration
If the manufacturer has a state-certified informal dispute settlement procedure (e.g., BBB AUTO LINE), the consumer must first resort to it (§ 407.573). Decision binds only the manufacturer.
7. Lawsuit & Fee-Shifting
A prevailing consumer recovers reasonable attorney's fees and costs (§ 407.579). Parallel claims under Magnuson-Moss (15 U.S.C. § 2310(d)) and the Missouri Merchandising Practices Act (§ 407.025) are common, the latter allowing punitive damages.
This is legal information, not legal advice.
- Merchandising Practices Act claim with punitive damages potential
- Working-days OOS calculation dispute with manufacturer
- Manufacturer's certified arbitration produced unfavorable result
- Mo. Rev. Stat. §§ 407.560 to 407.579 (New Motor Vehicle Warranty Law)
- Mo. Rev. Stat. § 407.025 (Merchandising Practices Act)
- 15 U.S.C. § 2301 (Magnuson-Moss)
- 16 CFR Part 703
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.