Missouri Revised Statutes
Chapter 407
Merchandising Practices
Section 407.560
August 28, 2000
Definitions.
407.560. As used in sections 407.560
to 407.579, the following terms mean:
(1) "Collateral
charges", those additional charges to a consumer not directly
attributable to a manufacturer's suggested retail price label for the new
motor vehicle. For the purposes of sections 407.560 to 407.579,
"collateral charges" includes all sales tax, license fees, registration
fees, title fees and motor vehicle inspections;
(2) "Comparable motor
vehicle", an identical or reasonably equivalent motor vehicle;
(3) "Consumer",
the purchaser, other than for the purposes of resale, of a new motor
vehicle, primarily used for personal, family, or household purposes, and
any person to whom such new motor vehicle is transferred for the same
purposes during the duration of an express warranty applicable to such new
motor vehicle, and any other person entitled by the terms of such warranty
to enforce the obligations of the warranty;
(4) "Express warranty",
any written affirmation of the fact or promise made by a manufacturer to a
consumer in connection with the sale of new motor vehicles which relates
to the nature of the material or workmanship or will meet a specified
level of performance over a specified period of time;
(5) "Manufacturer",
any person engaged in the manufacturing or assembling of new motor
vehicles as a regular business;
(6) "New motor vehicle",
any motor vehicle being transferred for the first time from a
manufacturer, distributor or new vehicle dealer, which has not been
registered or titled in this state or any other state and which is offered
for sale, barter or exchange by a dealer who is franchised to sell, barter
or exchange that particular make of new motor vehicle. The term "new motor vehicle" shall include only those vehicles propelled by power other
than muscular power, but the term shall not include vehicles used as a
commercial motor vehicle, off-road vehicles, mopeds, motorcycles or
recreational motor vehicles as defined in section 301.010, RSMo, except
for the chassis, engine, power train and component parts of recreational
motor vehicles. The term "new motor vehicle" shall also include
demonstrators or lease-purchase vehicles as long as a manufacturer's
warranty was issued as a condition of sale.
Missouri Revised Statutes
Section 407.565
August 28, 2000
Report of nonconformity required, when--repairs,
duty of manufacturer or agent, when.
407.565. For the purposes of
sections 407.560 to 407.579, if a new motor vehicle does not conform to
all applicable express warranties, and the consumer reports the
nonconformity to the manufacturer, or its agent, during the term of such
express warranties, or during the period of one year following the date of
original delivery of the new motor vehicle to the consumer, whichever
period expires earlier, the manufacturer, or its agent, shall make such
repairs as are necessary to conform the new vehicle to such express
warranties, notwithstanding the fact that such repairs are made after the
expiration of such term or such one-year period.
Missouri Revised Statutes
Section 407.567
August 28, 2000
Replacement of motor vehicle or refund of purchase
price, when-- allowance deducted for consumer's use.
407.567. 1.
If the manufacturer, through its authorized dealer or its agent,
cannot conform the new motor vehicle to any applicable express warranty by
repairing or correcting any default or condition which impairs the use,
market value, or safety of the new motor vehicle to the consumer after a
reasonable number of attempts, the manufacturer shall, at its option,
either replace the new motor vehicle with a comparable new vehicle
acceptable to the consumer, or take title of the vehicle from the consumer
and refund to the consumer the full purchase price, including all
reasonably incurred collateral charges, less a reasonable allowance for
the consumer's use of the vehicle. The subtraction of a reasonable
allowance for use shall apply when either a replacement or refund of the
new motor vehicle occurs.
2. Refunds shall be made to the consumer and
lienholder of record, if any, as their interests may appear.
Missouri Revised Statutes
Section 407.569
August 28, 2000
Affirmative defenses.
407.569. It shall be an affirmative
defense to any claim under sections 407.560 to 407.579 that:
(1) An alleged nonconformity does not
substantially impair the use, market value, or safety of the motor
vehicle;
(2) A nonconformity is the result of abuse,
neglect, or unauthorized modifications or alterations of a motor vehicle;
(3) A claim by a consumer was not filed in
good faith; or
(4) Any other affirmative defense allowed by
law.
Missouri Revised Statutes
Section 407.571
August 28, 2000
Presumptions of nonconformity--exception.
407.571. It shall be presumed that a
reasonable number of attempts have been undertaken to conform a new motor
vehicle to the applicable express warranties if within the terms,
conditions, or limitations of the express warranty, or during the period
of one year following the date of original delivery of the new motor
vehicle to a consumer, whichever expires earlier, either:
(1) The same nonconformity has been subject
to repair four or more times by the manufacturer, or its agents, and such
nonconformity continues to exist; or
(2) The new vehicle is out of service by
reason of repair of the nonconformity by the manufacturer, through its
authorized dealer or its agents, for a cumulative total of thirty or more
working days, exclusive of down time for routine maintenance as prescribed
by the manufacturer, since delivery of the new vehicle to the consumer.
The thirty-day period may be extended by a period of time during which
repair services are not available to the consumer because of conditions
beyond the control of the manufacturer or its agents.
Missouri Revised Statutes
Section 407.573
August 28, 2000
Warranty extension, when--complaint remedies
information to be furnished--notice to manufacturer
required--manufacturer's duties, time limitation.
407.573. 1.
The terms, conditions, or limitations of the express warranty, or* the
period of one year following the date of original delivery of the new
motor vehicle to a consumer, whichever expires earlier, may be extended if
the new motor vehicle warranty problem has been reported but has not been
repaired by the manufacturer, or its agent, by the expiration of the
applicable time period.
2. The manufacturer shall provide information
for consumer complaint remedies with each new motor vehicle. It shall be
the responsibility of the consumer, or his representative, prior to
availing himself of the provisions of sections 407.560 to 407.579, to give
written notification to the manufacturer of the need for the repair of the
nonconformity, in order to allow the manufacturer an opportunity to cure
the alleged defect. The manufacturer shall immediately notify the consumer
of a reasonably accessible repair facility of a franchised new vehicle
dealer to conform the new vehicle to the express warranty. After delivery
of the new vehicle to an authorized repair facility by the consumer, the
manufacturer shall have ten calendar days to conform the new motor vehicle
to the express warranty. Upon notification from the consumer that the new
vehicle has not been conformed to the express warranty, the manufacturer
shall inform the consumer if an informal dispute settlement procedure has
been established by the manufacturer in accordance with section 407.575.
However, if prior notice by the manufacturer of an informal dispute
settlement procedure has been given, no further notice is required.
3. Any action brought under sections 407.560
to 407.579 shall be commenced within six months following expiration of
the terms, conditions, or limitations of the express warranty, or within
eighteen months following the date of original delivery of the new motor
vehicle to a consumer, whichever is earlier, or, in the event that a
consumer resorts to an informal dispute settlement procedure as provided
in sections 407.560 to 407.579, within ninety days following the final
action of any panel established pursuant to such procedure.
Missouri Revised Statutes
Section 407.575
August 28, 2000
Manufacturer with approved settlement procedure,
consumer's duty.
407.575. If a manufacturer has
established an informal dispute settlement procedure which complies in all
respects with the provisions of the code of Federal Regulations, 16 C.F.R.
703, provisions of sections 407.560 to 407.579 concerning refunds or
replacements shall not apply to any consumer who has not first resorted to
such procedure.
Missouri Revised Statutes
Section 407.577
August 28, 2000
Court action by consumer, costs, expenses,
attorney's fees, how paid.
407.577. 1.
If a consumer undertakes a court action after complying with the
provisions of sections 407.560 to 407.579 and finally prevails in that
action, he shall be allowed by the court to recover as part of the
judgment a sum equal to the aggregate amount of costs and expenses,
including attorney's fees based on actual time expended, determined by the
court to have been reasonably incurred by the plaintiff for or in
connection with the commencement and prosecution of such action.
2. If any claim by a consumer under sections
407.560 to 407.579 is found by a court to have been filed in bad faith, or
solely for the purpose of harassment, or in the absence of a substantial
justifiable issue of either law or fact raised by the consumer, or for
which the final recovery is not at least ten percent greater than any
settlement offer made by the manufacturer prior to the commencement of the
court action, then the consumer shall be liable for all costs and
reasonable attorney's fees incurred by the manufacturer, or its agent, as
a direct result of the bad faith claim.
Missouri Revised Statutes
Section 407.579
August 28, 2000
Consumer's right to other remedies--law to apply,
when.
407.579. 1.
Except as provided in subdivision (1) of section 407.560, nothing in
sections 407.560 to 407.579 shall in any way limit the rights or remedies
which are otherwise available to a consumer at law or in equity.
2. Sections 407.560 to 407.579 shall apply to
any new motor vehicle sold after January 1, 1985.
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