Statute # 50-645 Motor vehicle warranties; definitions; consumer rights and
remedies; enforcement by attorney general.
(a) As used in this act:
- (1) "Consumer" means the original purchaser or lessee, other than for purposes
of resale, of a motor vehicle; and
- (2) "motor vehicle" means a new motor vehicle which is sold or leased in this
state, and which is registered for a gross weight of 12,000 pounds or less, and does not
include the customized parts of motor vehicles which have been added or modified by second
stage manufacturers, first stage converters or second stage converters as defined in
K.S.A. 8-2401, and amendments thereto.
(b) If a motor vehicle does not conform to all applicable warranties, and the consumer
reports the nonconformity to the manufacturer, its agent or its authorized dealer during
the term of any warranties or during the period of one year following the date of original
delivery of the motor vehicle to a consumer, whichever is the earlier date, the
manufacturer, its agent or its authorized dealer shall make such repairs as are necessary
to conform the vehicle to such warranties, notwithstanding the fact that such repairs are
made after the expiration of any such term or such one-year period.
(c) If the manufacturer, or its agents or authorized dealers, are unable to conform the
motor vehicle to any applicable warranty after a reasonable number of attempts, the
manufacturer shall replace the motor vehicle with a comparable motor vehicle under
warranty or accept return of the vehicle from the consumer and refund to the consumer the
full purchase or lease price including all collateral charges, less a reasonable allowance
for the consumer's use of the vehicle as calculated from the most recent edition of Your
Driving Costs, published by the American automobile association. Refunds shall be made to
the consumer, and lienholder if any, as their interests may appear. A reasonable allowance
for use shall be that amount directly attributable to use by the consumer and any previous
consumer prior to the first report of the nonconformity to the manufacturer, agent or
dealer and during any subsequent period when the vehicle is not out of service by reason
of repair. It shall be an affirmative defense to any claim under this act that:
- (1) An alleged nonconformity does not substantially impair such use and value; or
- (2) a nonconformity is the result of abuse, neglect or unauthorized modifications or
alterations of a motor vehicle by a consumer.
(d) If the manufacturer receives actual notice of the nonconformity, it shall be
presumed that a reasonable number of attempts have been undertaken to conform a motor
vehicle to the applicable warranties, if:
- (1) The same nonconformity which substantially impairs the use and value of the motor
vehicle to the consumer has been subject to repair four or more times by the manufacturer
or its agents or authorized dealers within the term of any warranty or during the period
of one year following the date of original delivery of the motor vehicle to a consumer,
whichever is the earlier date, but such nonconformity continues to exist;
- (2) the vehicle is out of service by reason of repair for a cumulative total of 30 or
more calendar days during such term or period, whichever is the earlier date; or
- (3) there have been 10 or more attempts to repair any nonconformities which
substantially impair the use and value of the motor vehicle to the consumer and such
attempts to repair have been attempts by the manufacturer or its agents or authorized
The term of any warranty, such one-year period and such thirty-day period shall be
extended by any period of time during which repair services are not available to the
consumer because of war, invasion, strike, fire, flood or other natural disaster.
(e) If a manufacturer has established an informal dispute settlement procedure which
complies in all respects with the provisions of title 16, code of federal regulations,
part 703, as from time to time amended, the provisions of subsection (c) concerning
refunds or replacement shall not apply to any consumer who has not first resorted to such
(f) The attorney general shall have jurisdiction to enforce this section.
Statute # 50-646 Same; other remedies.
Nothing in this act shall in any way limit or affect the rights or remedies which are
otherwise available to a consumer under the uniform consumer credit code, or to any person
under the uniform commercial code, or to any person under this or any other law statutory