Lemon Law Complaint - Kansas

KANSAS MOTOR VEHICLE WARRANTY COMPLAINT

1. CAPTION

IN THE DISTRICT COURT OF [________________] COUNTY, KANSAS

CASE NO. [________________]

COMPLAINT UNDER K.S.A. 50-645

Consumer alleges:

2. INFORMAL-PROCEDURE ROUTE

1. Select the applicable route under K.S.A. 50-645(e):

• ☐ No qualifying procedure. Manufacturer did not establish an applicable informal dispute settlement procedure that complies in all respects with 16 C.F.R. part 703.
• ☐ Procedure completed. Manufacturer established a fully compliant procedure. Consumer first resorted to it and completed the process on [DATE] without obtaining the statutory remedy.

3. PARTIES, COURT, AND VENUE

2. Consumer [NAME] is the original [PURCHASER / LESSEE] of the Vehicle and did not acquire it for resale. K.S.A. 50-645(a)(1).

3. Manufacturer [NAME] manufactured the Vehicle and is the party responsible for the statutory remedy under K.S.A. 50-645(c).

4. No dealer is named on the Section 50-645 claim because the statute imposes the refund-or-replacement liability on Manufacturer.

5. This Kansas district court has authority to adjudicate Consumer's claim.

6. Venue is proper in this County because [STATE THE CURRENT FACTUAL AND LEGAL BASIS].

4. VEHICLE, TRANSACTION, AND COVERAGE

7. On [DATE], Consumer [PURCHASED / LEASED] a new [YEAR / MAKE / MODEL], VIN [VIN] (the “Vehicle”), in Kansas. The transaction, original-delivery, and registration documents are attached as Exhibit A.

8. Manufacturer's applicable warranties are attached as Exhibit B.

9. The Vehicle is covered by K.S.A. 50-645(a)(2) because it:

• was new when sold or leased in Kansas;
• was registered for a gross weight of 12,000 pounds or less; and
• is not a claim concerning customized parts added or modified by a second-stage manufacturer, first-stage converter, or second-stage converter.

10. The statutory rights period ended at the earlier of:

• the end of the term of any applicable warranty; or
• one year after original delivery.

K.S.A. 50-645(b).

11. The Kansas statute imposes no mileage limit on the rights period; 12,000 is the registered-gross-weight ceiling.

5. WARRANTY NONCONFORMITY AND REPAIR DUTY

12. During the rights period, the Vehicle did not conform to all applicable warranties as follows:

13. Consumer timely reported each nonconformity to Manufacturer, its agent, or its authorized dealer.

14. Under K.S.A. 50-645(b), Manufacturer, its agent, or its authorized dealer was required to make the repairs necessary to conform the Vehicle to the warranties even if repairs occurred after expiration of the warranty term or one-year period.

15. Consumer made the Vehicle available for repair as shown in the complete records attached as Exhibit C:

16. After a reasonable number of attempts, Manufacturer, its agents, or its authorized dealers were unable to conform the Vehicle to the applicable warranties.

17. The nonconformity substantially impairs both the Vehicle's use and value to Consumer.

18. The nonconformity did not result from abuse, neglect, or unauthorized modifications or alterations by Consumer. K.S.A. 50-645(c).

6. ACTUAL NOTICE AND REASONABLE NUMBER OF ATTEMPTS

19. Manufacturer received actual notice of the nonconformity on [DATE]. The notice and proof are attached as Exhibit D.

20. Select each applicable rebuttable presumption under K.S.A. 50-645(d):

• ☐ Four same-nonconformity repairs. The same nonconformity, substantially impairing use and value, was subject to repair four or more times within the earlier-ending warranty/one-year period and continues to exist. § 50-645(d)(1).
• ☐ Thirty calendar days. The Vehicle was out of service by reason of repair for a cumulative total of 30 or more calendar days during the earlier-ending warranty/one-year period. § 50-645(d)(2).
• ☐ Ten total repair attempts. Manufacturer, its agents, or its authorized dealers made 10 or more attempts to repair nonconformities substantially impairing use and value. § 50-645(d)(3).

21. Any claimed extension of the warranty term, one-year period, or 30-day period is limited to time repair services were unavailable because of war, invasion, strike, fire, flood, or another natural disaster.

22. Independently of any presumption, the actual repair history constitutes a reasonable number of attempts because [STATE FACTS AND SUPPORTING EVIDENCE].

7. COUNT I — K.S.A. 50-645

23. Consumer incorporates paragraphs 1 through 22, with all unused alternatives deleted.

24. Consumer is a covered consumer, and the Vehicle is a covered motor vehicle.

25. Consumer timely reported warranty nonconformities, and Manufacturer did not conform the Vehicle after a reasonable number of attempts.

26. The continuing nonconformity substantially impairs both use and value and is not attributable to Consumer's abuse, neglect, or unauthorized modification or alteration.

27. Under K.S.A. 50-645(c), Manufacturer must either:

• replace the Vehicle with a comparable motor vehicle under warranty; or
• accept return and refund the full purchase or lease price, including all collateral charges, less the statutory reasonable use allowance.

28. The statute assigns the refund-or-replacement election to Manufacturer, not Consumer.

29. Manufacturer has not provided either statutory remedy.

8. REFUND CALCULATION

30. If Manufacturer elects a refund, the starting amount is the full [PURCHASE / LEASE] price of $[AMOUNT], including qualifying collateral charges of $[AMOUNT] identified and supported in Exhibit E.

31. The reasonable use allowance is the amount directly attributable to use by Consumer and any previous consumer:

• before the first report of the nonconformity to Manufacturer, its agent, or dealer; and
• during any later period when the Vehicle was not out of service by reason of repair.

32. The allowance must be calculated from the most recent edition of the American Automobile Association's Your Driving Costs. K.S.A. 50-645(c).

33. Kansas uses no fixed mileage-divisor formula for this allowance.

34. Any refund must be paid to Consumer and any lienholder as their interests may appear.

35. Consumer does not request attorney fees, civil penalties, expert fees, or general incidental or consequential damages under K.S.A. 50-645 because that section does not authorize those remedies.

36. K.S.A. 50-646 preserves otherwise available remedies, but this complaint pleads no separate preserved claim unless counsel adds and independently verifies it.

9. PRAYER FOR RELIEF

Consumer requests judgment:

1. Declaring that the requirements of K.S.A. 50-645 have been satisfied;
2. Directing Manufacturer to provide the replacement or refund remedy it elects under K.S.A. 50-645(c);
3. If Manufacturer elects refund, awarding the full purchase or lease price and qualifying collateral charges, less only the reasonable use allowance calculated under the current AAA Your Driving Costs method;
4. Directing payment of any refund to Consumer and any lienholder according to their respective interests; and
5. Granting any further relief authorized by K.S.A. 50-645 and proved at trial.

10. SIGNATURE BLOCK

Date: [DATE]

Respectfully submitted,

[ATTORNEY NAME]

Kansas Bar No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for Consumer

11. EXHIBIT CHECKLIST

• ☐ Exhibit A — Purchase or lease, original-delivery, and registered-gross-weight documents
• ☐ Exhibit B — Applicable warranties
• ☐ Exhibit C — Complete repair records and calendar-day calculation
• ☐ Exhibit D — Actual notice and delivery proof
• ☐ Exhibit E — Purchase or lease price, collateral-charge, AAA use-allowance, lienholder, and requested-remedy records
• ☐ Exhibit F — Informal-procedure submission and result, if applicable
• ☐ Exhibit G — Evidence of continuing warranty nonconformity and substantial impairment of both use and value

12. SOURCES AND REFERENCES

• Kansas Revisor — K.S.A. 50-645
• Kansas Revisor — K.S.A. 50-646