What Is the Lemon Law in Kansas for Used Cars
Kansas's lemon law, codified as Kansas Statutes Annotated §§ 50-645 and 50-646, establishes consumer remedies when motor vehicles fail to conform to applicable warranties. This statute applies exclusively to new motor vehicles sold or leased in Kansas and does not extend protections to used vehicles.
What Protections Do Used Car Buyers Have in Kansas?
While Kansas lemon law excludes previously owned vehicles, federal legislation and state consumer protections provide safeguards for used car purchasers.
Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act establishes federal standards for consumer product warranties, including motor vehicles. This legislation permits consumers to pursue legal remedies when sellers or manufacturers breach written warranty terms, violate implied warranty obligations, or fail to honor service contract provisions. Available remedies include damages, replacement, refund, and recovery of attorney fees.
FTC Used Car Rule
Federal regulations mandate that dealers display a Buyer's Guide on each used vehicle offered for sale. The Used Car Rule requires disclosure of:
- Whether the dealer provides warranty coverage or sells without warranty protection
- Which vehicle systems and components receive coverage under any warranty offered
- The duration of warranty protection provided
- What percentage of repair costs the dealer agrees to pay under warranty terms
- Guidance on obtaining vehicle history documentation and verifying outstanding recalls
Kansas Consumer Protection Act
The Kansas Consumer Protection Act prohibits deceptive and unconscionable practices in consumer transactions, including vehicle sales. This statute provides recourse when dealers engage in misrepresentation, fraudulent conduct, or unfair business practices. Remedies may include rescission, damages, and attorney fees.
Understanding "As Is" Sales in Kansas
Kansas law generally prohibits dealers from selling vehicles "as is" unless specific conditions are satisfied. The Kansas Attorney General emphasizes that dealers cannot disclaim warranties through "as is" designations unless the buyer knowingly and voluntarily signs a written agreement acknowledging the disclaimer after being given a meaningful opportunity to inspect the vehicle or have it inspected.
What "As Is" Means for Buyers
When a valid "as is" agreement exists:
- Implied warranties of merchantability and fitness for particular purposes are waived
- Dealers assume no responsibility for post-sale repairs or defects
- Buyers bear complete financial responsibility for mechanical, structural, or electrical failures discovered after purchase
- Written express warranties or specific dealer representations remain enforceable despite "as is" language
Limited Dealer Disclosure Requirements
Kansas dealers must comply with federal odometer disclosure laws requiring accurate mileage statements on title transfers. Dealers must provide clear title documentation and cannot knowingly misrepresent vehicle history, condition, or prior use. Any dealer promises regarding repairs, condition, or warranties must be documented in writing before the sale's completion.
Limited Exceptions to "As Is" Protection
Legal remedies may remain available despite "as is" designations when dealers:
- Make fraudulent statements or material misrepresentations about vehicle condition, history, or title status
- Actively conceal known defects or damage through deceptive practices
- Engage in odometer tampering or mileage misrepresentation
- Fail to provide meaningful opportunity for pre-purchase inspection
- Violate express written warranty terms or dealer representations incorporated into sales documents
Filing a Consumer Complaint
Kansas Office of the Attorney General
Consumer Protection Division
120 SW 10th Avenue, 2nd Floor, Topeka, Kansas 66612
Phone: (785) 296-3751
Toll-free: (800) 432-2310
Official Website: Consumer Protection Division
