Kansas Lemon Law: Complete Guide for 2026


Last verified: February 2026

Key Points

  • Primary Law: Motor Vehicle Warranties Act (K.S.A. § 50-645 to § 50-646)
  • Coverage: New motor vehicles under 12,000 pounds gross weight
  • Presumption: 4+ repair attempts for same defect OR 10+ total repairs OR 30+ days out of service
  • Time Limit: Within warranty period or 1 year from delivery (whichever earlier)
  • Remedies: Full refund or comparable replacement vehicle
  • Enforcement: Kansas Attorney General has jurisdiction to enforce
  • Usage Deduction: Calculated using AAA “Your Driving Costs” publication

Quick Penalties Overview

Violation Type Consumer Remedy Additional Damages
Failure to repair after reasonable attempts Refund or replacement Collateral charges reimbursed
Failure to comply with law Attorney General enforcement Civil penalties available
Consumer Protection Act violation Actual damages UCC and UCCC remedies preserved
Resale of returned lemon without disclosure Rescission available Statutory penalties

Table of Contents

📑 Table of Contents (click to expand)

Kansas Motor Vehicle Warranties Act Overview

Kansas’ lemon law, codified at K.S.A. § 50-645 and K.S.A. § 50-646, provides essential consumer protections for buyers and lessees of new motor vehicles in the state. This concise but effective law requires manufacturers to repurchase or replace vehicles that cannot be repaired after a reasonable number of attempts.

A distinctive feature of Kansas’ lemon law is its comprehensive presumption standards. In addition to the standard four repair attempts for the same defect and 30 days out of service, Kansas adds a third trigger: 10 or more total repair attempts for any nonconformities that substantially impair the vehicle. This additional standard helps consumers whose vehicles suffer from multiple different problems.

The Kansas Attorney General has jurisdiction to enforce the lemon law, providing consumers with an additional avenue for relief beyond private litigation.

What Vehicles Are Covered

Under K.S.A. § 50-645(a), the lemon law applies to specific types of motor vehicles. Understanding which vehicles qualify is essential before pursuing a claim.

Covered Vehicle Types

  • New passenger cars: Sedans, coupes, hatchbacks sold or leased in Kansas
  • Trucks: Pickup trucks registered for 12,000 pounds gross weight or less
  • SUVs and crossovers: Sport utility vehicles under weight limit
  • Vans and minivans: Personal passenger vehicles
  • Leased vehicles: Consumer leases for new vehicles

Vehicles Not Covered

  • Vehicles over 12,000 pounds: Heavy trucks and commercial vehicles
  • Customized vehicles: Parts added or modified by second stage manufacturers
  • First stage converters: Modifications as defined in K.S.A. 8-2401
  • Second stage converters: Additional modifications by third parties
  • Used vehicles: Vehicles previously titled to consumers
  • Resale purchases: Vehicles purchased for resale purposes

Consumer Definition

A “consumer” under Kansas law is the original purchaser or lessee of a motor vehicle, other than for purposes of resale. This includes only the first retail buyer or lessee, which is narrower than some states that extend protection to subsequent transferees.

Kansas Lemon Law Presumption

Kansas law creates a presumption that a reasonable number of repair attempts have been made if any of the following conditions are met within the warranty term or one year from delivery (whichever is earlier):

The Lemon Law Presumption Applies When:

Condition Requirement Time Limit
Repair Attempts (Same Problem) 4 or more attempts Within warranty or 1 year
Total Repair Attempts (Any Problems) 10 or more attempts Within warranty or 1 year
Days Out of Service 30 or more calendar days Within warranty or 1 year
Nonconformity Requirement Substantially impairs use and value Must be covered by warranty

Manufacturer Notice Requirement

The presumption only applies if the manufacturer receives actual notice of the nonconformity. Consumers should ensure they have documented proof that the manufacturer was informed of the problem.

What Qualifies as a Substantial Impairment?

The nonconformity must “substantially impair the use and value” of the vehicle. Examples include:

  • Engine or transmission failures
  • Brake system malfunctions
  • Steering problems
  • Electrical system failures
  • Air conditioning or heating defects
  • Fuel system problems
  • Safety equipment malfunctions
  • Water leaks causing damage

Consumer Remedies: Refund vs. Replacement

When a vehicle qualifies as a lemon under Kansas law, the manufacturer must either replace the vehicle or provide a full refund.

Option 1: Vehicle Refund (Buyback)

If the consumer receives a refund, the manufacturer must pay:

  • Full purchase or lease price: The entire amount paid for the vehicle
  • Collateral charges: All related costs including taxes and fees

Usage Deduction: The manufacturer may deduct a reasonable allowance for the consumer’s use of the vehicle. Kansas law specifies that this allowance must be calculated using the most recent edition of “Your Driving Costs,” published by the American Automobile Association (AAA).

How the Usage Deduction Works

The reasonable allowance for use is calculated as:

  • Miles driven before the first report of the nonconformity, PLUS
  • Miles driven during any period when the vehicle was not out of service for repair

The AAA’s “Your Driving Costs” provides per-mile cost figures that are used to calculate the deduction amount.

Option 2: Replacement Vehicle

Instead of a refund, the consumer may receive a replacement vehicle that is:

  • Comparable to the original vehicle
  • Under warranty

Refund Distribution

Refunds must be made to the consumer and any lienholder as their interests may appear.

How to File a Lemon Law Claim in Kansas

Successfully pursuing a lemon law claim in Kansas requires careful documentation and following proper procedures.

Step 1: Document Everything

  • Keep all repair orders and invoices
  • Record dates your vehicle was in the shop
  • Count both total repairs and repairs for the same problem
  • Document symptoms experienced
  • Save all correspondence with dealer and manufacturer
  • Take photos or videos of defects

Step 2: Ensure Manufacturer Notice

The presumption only applies if the manufacturer has actual notice. Send written notice to the manufacturer including:

  • Your name and contact information
  • Vehicle information (year, make, model, VIN)
  • Description of nonconformity
  • Repair history
  • Request for remedy

Step 3: Allow Repairs Within Time Period

The manufacturer must be given the opportunity to repair the vehicle within the warranty period or one year from delivery, whichever comes first.

Step 4: Use Informal Dispute Settlement (If Required)

If the manufacturer has an informal dispute settlement procedure that complies with federal regulations (16 CFR Part 703), you may need to use it before pursuing a refund or replacement.

Step 5: Contact Attorney General or File Lawsuit

If the manufacturer fails to provide relief, you may:

  • File a complaint with the Kansas Attorney General
  • Pursue private legal action

Informal Dispute Settlement

Kansas law addresses informal dispute settlement procedures in K.S.A. § 50-645(d).

Manufacturer Arbitration Programs

If the manufacturer has established an informal dispute settlement procedure that complies with 16 CFR Part 703, the refund or replacement provisions do not apply to any consumer who has not first used that procedure.

Federal Requirements (16 CFR Part 703)

To qualify, the arbitration program must:

  • Be free to consumers
  • Provide written decisions
  • Allow consumers to reject decisions and pursue litigation
  • Meet various procedural requirements

Common Arbitration Programs

Manufacturer Defenses

Under K.S.A. § 50-645(c), manufacturers may raise affirmative defenses to avoid liability.

Common Manufacturer Defenses

Defense Manufacturer’s Argument Consumer’s Counter
No substantial impairment Nonconformity does not substantially impair use and value Document how defect affects daily use and resale value
Consumer abuse Nonconformity resulted from consumer abuse Provide maintenance records showing proper care
Consumer neglect Defect caused by failure to maintain Show regular maintenance was performed
Unauthorized modifications Defect resulted from unauthorized changes Demonstrate defect existed before modifications
No manufacturer notice Manufacturer did not receive actual notice Provide documentation of written notice

Used Vehicle Protections

Kansas’ lemon law is specifically designed for new vehicles and original purchasers. However, some protections exist for used vehicle buyers.

Remaining Manufacturer Warranty

While Kansas’ lemon law applies only to original purchasers, used vehicle buyers with remaining manufacturer warranty coverage may have remedies under:

  • The warranty itself
  • Federal Magnuson-Moss Warranty Act
  • Kansas consumer protection laws

Federal Magnuson-Moss Warranty Act

The federal Magnuson-Moss Warranty Act provides protections for used vehicle buyers with active warranty coverage.

Other Kansas Consumer Laws

Under K.S.A. § 50-646, the lemon law does not limit rights available under:

  • Uniform Consumer Credit Code
  • Uniform Commercial Code
  • Any other applicable statutory or common law

Leased Vehicle Rights

Kansas’ lemon law applies to leased vehicles as well as purchased vehicles.

Leased Vehicle Remedies

If a leased vehicle qualifies as a lemon:

  • Full lease price refunded
  • All collateral charges reimbursed
  • Less reasonable allowance for use
  • Or comparable replacement vehicle under warranty

Original Lessee Only

Kansas law defines “consumer” as the original purchaser or lessee, so protection applies to the person who originally leased the vehicle, not subsequent assignees of the lease.

Statute of Limitations

Understanding the deadlines for filing a Kansas lemon law claim is critical.

Time Limits

  • Reporting: Nonconformity must be reported during warranty period or within one year of delivery (whichever is earlier)
  • Repair extension: Manufacturer must repair even after warranty expires if reported during warranty period
  • Legal action: Standard contract statute of limitations applies to civil claims

Tolling Provisions

The warranty term, one-year period, and 30-day out-of-service period are extended during any time repair services are unavailable due to:

  • War
  • Invasion
  • Strike
  • Fire
  • Flood
  • Other natural disaster

Frequently Asked Questions

How many repair attempts does Kansas require before a vehicle is considered a lemon?

Kansas law provides three different standards: (1) four or more repair attempts for the same nonconformity; (2) 10 or more total repair attempts for any nonconformities that substantially impair use and value; or (3) 30 or more calendar days out of service for repairs. Any of these conditions, occurring within the warranty period or one year from delivery, can trigger lemon law protection.

Do I need a lawyer to file a Kansas lemon law claim?

You can pursue a claim without an attorney, but legal representation can be helpful, especially for complex cases or litigation. The Kansas Attorney General has jurisdiction to enforce the lemon law and may assist consumers. Consulting with a consumer rights attorney can help you understand your options.

Does Kansas’ lemon law cover used cars?

No, Kansas’ lemon law only covers new vehicles and applies only to original purchasers or lessees. Used car buyers may have remedies under the federal Magnuson-Moss Warranty Act if warranty coverage remains, or under other Kansas consumer protection laws.

How is the usage deduction calculated in Kansas?

Kansas law requires the usage deduction to be calculated using the AAA’s “Your Driving Costs” publication. The deduction covers miles driven before the first report of the nonconformity and during any period when the vehicle was not out of service for repair.

What makes Kansas’ lemon law different from other states?

Kansas’ lemon law is unique in including a “10 or more total repair attempts” standard in addition to the standard four-attempts-for-same-problem rule. This helps consumers whose vehicles have multiple different problems. The law also specifies use of AAA data for calculating usage deductions.

What if the manufacturer doesn’t have an arbitration program?

If the manufacturer has not established a qualifying informal dispute settlement procedure, you may proceed directly with seeking a refund or replacement without going through arbitration.

Can I contact the Kansas Attorney General about my lemon law claim?

Yes, the Kansas Attorney General has jurisdiction to enforce the lemon law under K.S.A. § 50-645(e). You can file a complaint with the Attorney General’s Consumer Protection Division.

Resources and Legal Help

Official Resources

Arbitration Programs

Federal Resources

Related State Laws