Does Missouri Lemon Law refer to only brand new vehicles?

[cjmyers2001]

What is the name of your state? MO

 

[adjusterjack]

Yes, I think so. Read it at:


http://autopedia.com/html/LemonLaw/Missouri_MO_lemonlaw2.html

 

[Zigner]

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

 

[cjmyers2001]

Yes, I think so. Read it at:


http://autopedia.com/html/LemonLaw/Missouri_MO_lemonlaw2.html

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]

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?

 

[PayrollHRGuy]

The dealer has offered to buy it back, but at a $3000 loss. I don't feel that is fair.

How much was the car when you bought, it how long have you had it and how many miles have you put on it?

 

[quincy]

Here is a link to information from Missouri's Attorney General. Start at Page 10 for used cars.

https://ago.mo.gov/docs/default-source/publications/allaboutautos.pdf?sfvrsn=4

 

[cjmyers2001]

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.

 

[PayrollHRGuy]

The car is a 2015 Cadillac CTS, and had 39k miles. I bought it in May of 2018. It now has 70k miles.

You've had it over a year and put 31K miles on it. The $3k offer under the price you paid is more than fair.

 

[quincy]

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]

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]

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]

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.

 

[NeilTheCop]

Would the The Magnuson–Moss Warranty Act apply?

 

[quincy]

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.