Last verified: February 2026
Key Points
- Primary Law: Missouri Revised Statutes §§ 407.560 to 407.579
- Coverage: New motor vehicles purchased for personal, family, or household purposes
- Presumption: 4+ repair attempts OR 30+ working days out of service within warranty or 1 year
- Remedies: Replacement or refund at manufacturer’s option
- Unique Feature: Excludes motorcycles, recreational vehicles, and commercial vehicles
- Attorney Fees: Court may award attorney fees to prevailing consumer
Quick Penalties Overview
| Violation Type | Consumer Remedy | Additional Damages |
|---|---|---|
| Failure to repair after reasonable attempts | Refund or replacement | Collateral charges reimbursement |
| Violation of warranty obligations | Court action available | Costs, expenses, and attorney fees |
| Sales tax recovery | Manufacturer may reclaim from state | Consumer may apply directly to DOR |
Table of Contents
Table of Contents (click to expand)
Missouri’s Lemon Law Statute
Missouri’s lemon law is found in Missouri Revised Statutes §§ 407.560 to 407.579, within Chapter 407 covering Merchandising Practices. The law was enacted in 1984 and most recently amended in 2021 to update definitions and improve consumer protections.
Missouri’s lemon law requires manufacturers to repair, replace, or refund new motor vehicles that cannot be brought into conformity with express warranties after a reasonable number of attempts. Unlike some states, Missouri gives the manufacturer the choice between replacement and refund, though the replacement must be acceptable to the consumer.
The law provides procedures for consumers to seek remedies when warranty repairs fail and allows courts to award attorney fees to successful consumers. Missouri’s lemon law works in conjunction with other consumer protection remedies available under state and federal law.
What Vehicles Are Covered
Under RSMo 407.560, Missouri’s lemon law covers specific types of new motor vehicles.
Covered Vehicle Types
- New passenger vehicles: Cars, trucks, SUVs, and vans
- Demonstrators: Demo vehicles with manufacturer warranty
- Lease-purchase vehicles: As long as manufacturer warranty was issued as a condition of sale
- Recreational vehicle chassis: The chassis, engine, and powertrain components only
Requirements for Coverage
- Must be a new motor vehicle being transferred for the first time
- Cannot be previously registered or titled in any state
- Must be sold by a franchised dealer
- Must be used primarily for personal, family, or household purposes
- Must be covered by manufacturer’s express warranty
Vehicles Not Covered
- Commercial motor vehicles
- Off-road vehicles
- Mopeds
- Electric bicycles (as defined in § 300.010)
- Motorcycles
- Recreational motor vehicles (living portions)
- Used vehicles
Missouri’s Lemon Law Presumption
Under RSMo 407.571, Missouri law creates a presumption that a reasonable number of repair attempts have been undertaken when certain conditions are met.
The Lemon Law Presumption Applies When:
| Condition | Requirement | Details |
|---|---|---|
| Repair Attempts (Same Problem) | 4 or more attempts | Same nonconformity must continue to exist |
| Days Out of Service | 30 or more working days | Cumulative total, excluding routine maintenance |
| Timeframe | Within warranty or 1 year | Whichever expires earlier from original delivery |
Extension of Time: The 30-day period may be extended if repair services are unavailable due to conditions beyond the manufacturer’s control.
What Qualifies as a Nonconformity?
The defect or condition must “impair the use, market value, or safety” of the vehicle. Examples include:
- Engine or transmission failures
- Brake system malfunctions
- Steering problems
- Electrical system defects
- Persistent stalling or starting issues
- Air conditioning or heating failures
- Significant leaks
Consumer Remedies: Refund vs. Replacement
Under RSMo 407.567, when a vehicle qualifies under Missouri’s lemon law, the manufacturer has options for providing relief.
Manufacturer’s Options
The manufacturer shall, at its option, either:
Option 1: Replace the Vehicle
- Provide a comparable new vehicle
- Vehicle must be acceptable to the consumer
- Same usage deduction applies to replacement
Option 2: Refund the Purchase Price
- Full purchase price: The total amount paid
- Collateral charges: Sales tax, license fees, registration fees, title fees, and motor vehicle inspections
- Less usage deduction: Reasonable allowance for consumer’s use
Refund Distribution: Refunds are made to the consumer and lienholder of record, as their interests may appear.
Sales Tax Recovery
Missouri law provides a unique mechanism for sales tax recovery:
- The manufacturer may apply to the Department of Revenue for reimbursement of sales tax and fees refunded to the consumer
- Alternatively, the manufacturer may direct the consumer to apply directly to the DOR for a refund
- Documentation proving payment of taxes and fees is required
How to File a Lemon Law Claim in Missouri
Filing a successful lemon law claim in Missouri requires proper documentation and following established procedures.
Step 1: Document Everything
- Keep all repair orders and invoices
- Record dates your vehicle was in the shop
- Document the symptoms experienced
- Save all correspondence with dealer and manufacturer
- Keep receipts for related expenses
Step 2: Report Nonconformity During Coverage Period
Under RSMo 407.565, report any nonconformity to the manufacturer, its agent, or authorized dealer during the warranty term. The manufacturer must make necessary repairs.
Step 3: Allow Reasonable Repair Attempts
Give the manufacturer at least three opportunities to repair the same defect before pursuing further remedies. Track all repair attempts carefully.
Step 4: Use Informal Dispute Settlement (If Available)
Under RSMo 407.575, if the manufacturer has an approved informal dispute settlement procedure, you may need to use it first. The manufacturer must provide information about available remedies in the warranty or owner’s manual.
Step 5: File Legal Action if Necessary
If informal resolution fails, you may file a lawsuit. Under RSMo 407.577, if you prevail, the court may order the manufacturer to pay your costs, expenses, and reasonable attorney fees.
Manufacturer Defenses
Under RSMo 407.569, manufacturers may raise certain affirmative defenses.
Recognized Defenses
| Defense | Description | Consumer’s Response |
|---|---|---|
| Abuse or neglect | Nonconformity caused by consumer misuse | Provide maintenance records showing proper care |
| Unauthorized modifications | Aftermarket alterations caused the defect | Show problem existed before modifications |
| No substantial impairment | Defect does not impair use, value, or safety | Document how defect affects the vehicle |
Used Vehicle Protections
Missouri’s lemon law applies only to new motor vehicles. However, limited protections may be available:
Used Vehicles With Potential Coverage
- Warranty transfer: If you receive a vehicle during the warranty period and the warranty transfers to you
- Express warranty rights: Others entitled by warranty terms to enforce obligations
Other Remedies for Used Vehicles
- Missouri Consumer Protection Act claims
- UCC warranty claims
- Common law fraud claims
- Federal Magnuson-Moss Warranty Act claims
Preserving Other Rights
Under RSMo 407.579, the lemon law does not limit or prohibit any other rights or remedies a consumer may have under any other law.
Frequently Asked Questions
How many repair attempts does Missouri require?
Missouri’s lemon law presumption applies after four or more repair attempts for the same nonconformity, or after the vehicle is out of service for 30 or more working days (excluding routine maintenance). These conditions must occur within the warranty period or one year from delivery, whichever is earlier.
Can I choose between a refund and replacement?
Unlike some states, Missouri gives the manufacturer the choice between replacement and refund. However, any replacement vehicle must be acceptable to the consumer, giving you some influence over the outcome.
Do I have to use manufacturer arbitration?
If the manufacturer has an approved informal dispute settlement procedure, you may need to use it. Check your warranty or owner’s manual for information about available remedies.
What is a “working day” in Missouri?
Working days are business days when the repair facility is open, excluding routine maintenance time as prescribed by the manufacturer.
Can I recover attorney fees?
Yes. Under RSMo 407.577, if you prevail in a lemon law action, the court may order the manufacturer to pay your costs, expenses, and reasonable attorney fees.
Are motorcycles covered under Missouri’s lemon law?
No. Missouri’s lemon law specifically excludes motorcycles, mopeds, off-road vehicles, and recreational vehicles (except for chassis components). Motorcycle owners may have other warranty remedies available.
Resources and Legal Help
Official Resources
- Missouri Lemon Law Statutes (RSMo 407.560-407.579)
- Missouri Attorney General: Consumer Protection
- Missouri Department of Revenue: Motor Vehicle