VERIFIED COMPLAINT

(Kansas Lemon Law – K.S.A. § 50-645 et seq.)

[// GUIDANCE: Bracketed, ALL-CAPS terms are placeholders for attorney customization. Replace or delete before filing.]

TABLE OF CONTENTS

1. Caption
2. Preliminary Statement
3. Jurisdiction & Venue
4. Parties
5. Statutory & Regulatory Framework
6. Defined Terms
7. Factual Allegations
8. Causes of Action
9. Count I – Violation of Kansas Lemon Law
10. Count II – Breach of Express & Implied Warranties (U.C.C. / Magnuson-Moss)
11. Count III – Kansas Consumer Protection Act (K.S.A. § 50-623 et seq.)
12. Conditions Precedent / Informal Dispute Resolution
13. Damages
14. Prayer for Relief
15. Jury Demand
16. Verification
17. Certificate of Service

1. CAPTION

IN THE DISTRICT COURT OF [COUNTY] COUNTY, KANSAS
[CIVIL] DIVISION

[PLAINTIFF NAME],
Plaintiff,

v. Case No. _____

[DEFENDANT MANUFACTURER],
and
[DEFENDANT DEALERSHIP],
Defendants.

2. PRELIMINARY STATEMENT

1. Plaintiff brings this action for statutory, equitable, and monetary relief arising out of Defendants’ failure to conform the subject motor vehicle to applicable warranties, in violation of the Kansas Motor Vehicle Warranty Act (“Kansas Lemon Law”), K.S.A. § 50-645 et seq., the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., the Uniform Commercial Code as adopted in Kansas, and the Kansas Consumer Protection Act (“KCPA”).
2. Plaintiff seeks (a) vehicle replacement or refund, (b) incidental and consequential damages not to exceed the vehicle’s purchase price in accordance with liability-cap limitations, (c) statutory civil penalties, (d) attorneys’ fees and costs, and (e) such other relief as justice requires.

3. JURISDICTION & VENUE

1. This Court has subject-matter jurisdiction pursuant to K.S.A. § 20-301 (general jurisdiction of district courts) and supplemental subject-matter jurisdiction over related federal claims under 15 U.S.C. § 2310(d)(1)(A).
2. Venue is proper in this County under K.S.A. § 60-604 because:
   a. The transaction underlying this action occurred here; and
   b. Defendants regularly conduct business here.

4. PARTIES

1. Plaintiff [PLAINTIFF NAME] is a natural person domiciled at [ADDRESS], who purchased/leased the subject vehicle primarily for personal, family, or household purposes.
2. Defendant Manufacturer [DEFENDANT MANUFACTURER] is a [STATE OF INCORP.] corporation with its principal place of business at [ADDRESS] and is engaged in manufacturing, distributing, and warranting motor vehicles in Kansas.
3. Defendant Dealership [DEFENDANT DEALERSHIP] is a Kansas business entity located at [ADDRESS] and is an authorized agent of Defendant Manufacturer for sales and warranty repairs.

5. STATUTORY & REGULATORY FRAMEWORK

1. Kansas Lemon Law (K.S.A. § 50-645) grants consumers the right to replacement or refund when a new motor vehicle contains a “nonconformity” that substantially impairs its use, value, or safety after a reasonable number of repair attempts.
2. The statute requires the consumer to submit to the manufacturer’s informal dispute-settlement procedure (arbitration) meeting 16 C.F.R. Part 703 standards, if the manufacturer maintains one.
3. Magnuson-Moss, 15 U.S.C. § 2301 et seq., provides federal remedies for breach of written and implied warranties.
4. The KCPA prohibits deceptive or unconscionable acts and authorizes private causes of action for consumer fraud.

6. DEFINED TERMS

[// GUIDANCE: These definitions streamline later allegations.]
“Act” – Kansas Lemon Law, K.S.A. § 50-645 et seq.
“Arbitration Program” – Defendant Manufacturer’s informal dispute-settlement procedure, if any, certified under 16 C.F.R. Part 703.
“Motor Vehicle” – The [YEAR MAKE MODEL VIN] purchased by Plaintiff on [DATE].
“Nonconformity” – Any defect or condition that substantially impairs the use, value, or safety of the Motor Vehicle and is covered by warranty.
“Reasonable Repair Attempts” – Either (a) four or more attempts for the same Nonconformity, or (b) cumulative out-of-service period of 30 or more calendar days within the warranty term or one year, whichever is earlier.
“Warranty” – The express written new-vehicle warranty issued by Defendant Manufacturer.

7. FACTUAL ALLEGATIONS

1. On [DATE], Plaintiff purchased the Motor Vehicle from Defendant Dealership for [PRICE] pursuant to the Warranty.
2. Beginning on approximately [DATE], the Motor Vehicle exhibited Nonconformities, including but not limited to:
   a. [DESCRIPTION OF DEFECT 1]
   b. [DESCRIPTION OF DEFECT 2]
3. Plaintiff presented the Motor Vehicle to authorized repair facilities on at least [NUMBER] separate occasions (collectively, the “Repair Attempts”), yet the Nonconformities persist. See Repair Timeline attached as Exhibit A.
4. The Motor Vehicle was out of service for a cumulative total of [NUMBER] days within the statutory period.
5. Plaintiff timely notified Defendants in writing of the continuing Nonconformities on [DATE].
6. The Motor Vehicle’s defects substantially impair its use, value, and safety, exposing Plaintiff to risk of mechanical failure and decreased resale value.
7. Defendants have refused either to replace the Motor Vehicle or refund the purchase price.

8. CAUSES OF ACTION

COUNT I – Violation of Kansas Lemon Law (K.S.A. § 50-645)

1. Plaintiff incorporates ¶¶1-7.
2. The Motor Vehicle is a “new motor vehicle” under the Act.
3. Plaintiff afforded Defendants a Reasonable Number of Repair Attempts as defined in K.S.A. § 50-645(b).
4. Defendants failed to conform the Motor Vehicle to the Warranty within the statutory time, entitling Plaintiff to a replacement of comparable value or a full refund of the purchase price, taxes, fees, and incidental damages.
5. Defendants’ refusal is a per-se violation of the Act.

COUNT II – Breach of Express & Implied Warranties (U.C.C. & Magnuson-Moss)

1. Plaintiff incorporates ¶¶1-7.
2. Defendants expressly warranted that the Motor Vehicle would be free from defects in materials or workmanship during the warranty period.
3. The persistent Nonconformities constitute a breach of express and implied warranties of merchantability and fitness.
4. Plaintiff provided reasonable notice of breach pursuant to K.S.A. § 84-2-607(3)(a).
5. Plaintiff is entitled to damages, revocation of acceptance, costs, and attorneys’ fees under 15 U.S.C. § 2310(d)(2).

COUNT III – Kansas Consumer Protection Act (K.S.A. § 50-623 et seq.)

1. Plaintiff incorporates ¶¶1-7.
2. Defendants, as suppliers, engaged in deceptive and unconscionable acts by misrepresenting the quality and repairability of the Motor Vehicle.
3. Plaintiff, a consumer under the KCPA, suffered actual damages.
4. Plaintiff is entitled to civil penalties, restitution, and attorneys’ fees.

9. CONDITIONS PRECEDENT / INFORMAL DISPUTE RESOLUTION

1. Plaintiff submitted a complete claim to the Arbitration Program on [DATE] and received a decision on [DATE], thereby exhausting the mandatory informal dispute-settlement procedure required by K.S.A. § 50-645(c). OR
2. In the alternative, Defendant Manufacturer does not maintain a certified Arbitration Program; therefore, exhaustion is excused.

10. DAMAGES

1. Purchase price (including taxes & fees): $[AMOUNT]
2. Collateral charges (registration, extended warranty, GAP): $[AMOUNT]
3. Incidental & consequential damages (towing, rental, repairs): $[AMOUNT]
4. Statutory civil penalties (KCPA): up to $10,000 per violation
5. Pre- and post-judgment interest as allowed by law
6. Reasonable attorneys’ fees and costs under K.S.A. § 50-645(f) and 15 U.S.C. § 2310(d)(2)

[// GUIDANCE: Confirm local court rules on itemized damage pleading.]

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment:
A. Ordering Defendant Manufacturer to replace the Motor Vehicle with a new, comparable vehicle or, at Plaintiff’s election, refund the purchase price and collateral charges;
B. Awarding incidental and consequential damages capped at the vehicle’s value consistent with liability-cap limitations;
C. Awarding civil penalties under the KCPA;
D. Awarding attorneys’ fees, expert fees, and court costs;
E. Awarding pre- and post-judgment interest; and
F. Granting such other and further relief as the Court deems just and proper.

12. JURY DEMAND

Pursuant to the Kansas Constitution and K.S.A. § 60-238, Plaintiff demands a trial by jury on all issues so triable.

13. VERIFICATION

I, [PLAINTIFF NAME], under penalty of perjury, verify that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge and belief.

Date: ___, 20

[PLAINTIFF NAME]

[// GUIDANCE: Kansas practice permits unsworn verification under K.S.A. § 53-601. Confirm preference.]

14. CERTIFICATE OF SERVICE

I certify that on this ___ day of ____, 20__, a true and correct copy of the foregoing was served via [METHOD] upon:
• [COUNSEL NAME, ADDRESS] – Counsel for Defendant Manufacturer
• [COUNSEL NAME, ADDRESS] – Counsel for Defendant Dealership

[ATTORNEY NAME], KS Bar #_
Attorney for Plaintiff
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

[// GUIDANCE: Attach Exhibits—purchase contract, repair orders, arbitration decision, etc.—labeled A, B, C…]