• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Does Missouri Lemon Law refer to only brand new vehicles?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



Zigner

Senior Member, Non-Attorney
Interestingly, a search in my favorite web search engine for that exact phrase gave me the answer as well...
 

cjmyers2001

New member
That's the way I read it also. The continued use of the term 'new motor vehicle' appears to be clear. Thank you for the link, I was having difficulty finding answers specific to Missouri. Many of the search results I found were for other states and were of personal opinion as opposed to rule of law.
So a follow up to my original question... If the vehicle is purchased as "Certified Pre-Owned" that carries an extended original warranty, are there any provisions similar to the 'New vehicle' Lemon law that would apply? The dealer has offered to buy it back, but at a $3000 loss. I don't feel that is fair. The vehicle has been to the dealer and an independent mechanic shop a total of 9 times for the same issue.
 

quincy

Senior Member
That's the way I read it also. The continued use of the term 'new motor vehicle' appears to be clear. Thank you for the link, I was having difficulty finding answers specific to Missouri. Many of the search results I found were for other states and were of personal opinion as opposed to rule of law.
So a follow up to my original question... If the vehicle is purchased as "Certified Pre-Owned" that carries an extended original warranty, are there any provisions similar to the 'New vehicle' Lemon law that would apply? The dealer has offered to buy it back, but at a $3000 loss. I don't feel that is fair. The vehicle has been to the dealer and an independent mechanic shop a total of 9 times for the same issue.
What does your warranty say?

How long have you owned the vehicle?
 

cjmyers2001

New member
The warranty given was basically a 'bumper -to-bumper" warranty, I believe 6 yr, 100k miles, just as if I had bought the car new. The car is a 2015 Cadillac CTS, and had 39k miles. I bought it in May of 2018. It now has 70k miles. According to what I have now found on this website, some states carry the same terms for Lemon Laws for used vehicles with warranties as they do with 'New' vehicles. However, according to the MO Attorney General's brochure document provided by Senior member "quincy" it states used vehicles are not included. And it also states reasonable allowance for the consumer's use, so looks like I'm stuck with either keeping it or taking the loss from the buy back.
Thank you all very much for your assistance in locating these links. I'm not very adept at searches, evidently.
 

quincy

Senior Member
The warranty given was basically a 'bumper -to-bumper" warranty, I believe 6 yr, 100k miles, just as if I had bought the car new. The car is a 2015 Cadillac CTS, and had 39k miles. I bought it in May of 2018. It now has 70k miles. According to what I have now found on this website, some states carry the same terms for Lemon Laws for used vehicles with warranties as they do with 'New' vehicles. However, according to the MO Attorney General's brochure document provided by Senior member "quincy" it states used vehicles are not included. And it also states reasonable allowance for the consumer's use, so looks like I'm stuck with either keeping it or taking the loss from the buy back.
Thank you all very much for your assistance in locating these links. I'm not very adept at searches, evidently.
The $3000 is less than what you would have had to spend to rent a car for a year so the amount seems more than reasonable to me.

The 2015 Cadillac CTS was subject to two recalls - one over excessive heating from heated seats and one over fractures in brake pedal brackets - but the vehicle you purchased (more than likely) already had the manufacturer-paid repairs.

Good luck with whatever it is you decide to do.
 

cjmyers2001

New member
Just to clarify, the $3000 less offer is not from what I paid, but rather less than what I still owe. That offer results in a total of about a $6000 loss, including expenses to an independent shop that actually diagnosed a few things the dealer did not. I have had all recalls I am aware of taken care of, but had not heard of the brake pedal bracket. But, anyway, I'm still trying to work it out with the dealer. Again, thank you all for the assistance.
 

quincy

Senior Member
Just to clarify, the $3000 less offer is not from what I paid, but rather less than what I still owe. That offer results in a total of about a $6000 loss, including expenses to an independent shop that actually diagnosed a few things the dealer did not. I have had all recalls I am aware of taken care of, but had not heard of the brake pedal bracket. But, anyway, I'm still trying to work it out with the dealer. Again, thank you all for the assistance.
Thanks for the clarification.

It is smart for you to try to work it out with the dealer first.

Good luck.
 

adjusterjack

Senior Member
the $3000 less offer is not from what I paid, but rather less than what I still owe.
That's what happens when you take a long term loan where the car depreciates much faster than the loan balance.

And I am sure that the dealer is not wanting to lose any money.
 

quincy

Senior Member
Would the The Magnuson–Moss Warranty Act apply?
Not likely. The Magnuson-Moss Act requires warranty coverage be clearly detailed for the consumer. There is no indication that this is a warranty problem.

Here, it appears that the issue is with a vehicle problem that has either not been identified properly or has been identified but not fixed after 9 trips to be serviced.

The Cadillac appears to be a "lemon" but the lemon law in Missouri does not cover used vehicles.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top