Lemon Law Demand Letter — Kansas

LEMON LAW DEMAND LETTER

Kansas Lemon Law (Motor Vehicle Warranties) — K.S.A. 50-645

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY — SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

Date: [__/__/____]

To Manufacturer:
[________________________________]
ATTN: Customer Relations / Legal Department
[________________________________]
[________________________________]

To Selling Dealer:
[________________________________]
ATTN: General Manager / Service Manager
[________________________________]
[________________________________]

Re: KANSAS LEMON LAW DEMAND — ACTUAL NOTICE OF NONCONFORMITY UNDER K.S.A. 50-645(d)
Consumer: [________________________________]
Vehicle: [____] [________________________________] [________________________________]
VIN: [________________________________]
Purchase/Lease Date: [__/__/____]
Current Odometer: [________________________________]

Dear Sir or Madam:

This firm represents [________________________________] ("Consumer") regarding the above-identified vehicle, which qualifies as a "lemon" under the Kansas lemon law, K.S.A. 50-645 (with other remedies preserved by K.S.A. 50-646), and the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.

This letter gives the manufacturer actual notice of the nonconformity for purposes of the statutory presumption under K.S.A. 50-645(d), and demands the replacement or refund remedy provided by K.S.A. 50-645(c). Because the manufacturer, its agents, or authorized dealers have been unable to conform the vehicle to warranty after a reasonable number of repair attempts, Consumer is entitled to a comparable replacement vehicle or a full refund, less only the statutory allowance for use.

I. KANSAS LEMON LAW — STATUTORY FRAMEWORK

A. Statutory Authority and Structure

Kansas's lemon law is codified at K.S.A. 50-645 ("Motor vehicle warranties; definitions; consumer rights and remedies; enforcement by attorney general"), with K.S.A. 50-646 preserving other remedies (UCCC, UCC, and any other law). It is a separate act from the Kansas Consumer Protection Act (KCPA, K.S.A. 50-623 et seq.), though it sits in the same article. The lemon law itself contains no attorney-fee provision; fee recovery routes are addressed in Section VIII.

B. Covered Vehicles — Registered Gross Weight 12,000 lbs or Less

Under K.S.A. 50-645(a)(2), a covered "motor vehicle" is a new motor vehicle sold or leased in Kansas (to an original purchaser or lessee, not for resale) that is registered for a gross weight of 12,000 pounds or less. The definition excludes the customized parts of vehicles added or modified by second-stage manufacturers, first-stage converters, or second-stage converters (as defined in K.S.A. 8-2401).

Coverage notes (grounded in the statutory text):

• The limit is the registered gross weight (12,000 lbs or less), not the door-placard GVWR label — confirm the registered weight classification.
• The Act applies only to new vehicles; per Kansas Attorney General guidance it does not cover used vehicles.
• The statute does not separately enumerate exclusions for motorcycles, motor homes, or RVs — coverage turns on the "new," "registered ≤ 12,000 lbs," and converter-parts criteria above. Do not assert a categorical motorcycle/RV exclusion that the statute does not contain.

C. Coverage / Rights Period — K.S.A. 50-645(b)

The consumer must report the nonconformity to the manufacturer, its agent, or authorized dealer during the term of any applicable warranties OR within one (1) year following original delivery to the consumer, whichever is the earlier date (K.S.A. 50-645(b)). If the nonconformity is reported within that period, the manufacturer must make the necessary repairs even if the repairs occur after the period expires.

Practical note — no mileage cap: The Kansas rights period is warranty-term-or-one-year (whichever earlier). The Kansas lemon law does not impose a "12,000-mile" coverage cap; the 12,000 figure in the statute is the weight limit, not a mileage limit. Act promptly, but do not disqualify a claim on a nonexistent mileage ceiling.

D. Rebuttable Presumption of Lemon Status — K.S.A. 50-645(d)

Where the manufacturer has received actual notice of the nonconformity, a rebuttable presumption arises that a reasonable number of repair attempts have been undertaken if any one of the following is met during the term of any warranty or within one year of original delivery (whichever is earlier):

The warranty term, the one-year period, and the 30-day period are extended by any time repair services are unavailable due to war, invasion, strike, fire, flood, or other natural disaster. It is an affirmative defense that the nonconformity does not substantially impair use and value, or resulted from abuse, neglect, or unauthorized modification/alteration (K.S.A. 50-645(c)).

E. Actual Notice to Manufacturer — K.S.A. 50-645(d)

The Kansas lemon law does not prescribe a written-notice-plus-fixed-cure prerequisite. What it requires is that the manufacturer receive actual notice of the nonconformity for the K.S.A. 50-645(d) presumption to apply, in addition to the consumer having reported the nonconformity during the rights period under 50-645(b).

THIS LETTER PROVIDES THAT ACTUAL NOTICE. There is no statutory "10-day cure" period in K.S.A. 50-645; the manufacturer's obligation, once a reasonable number of attempts has failed, is to replace or refund under 50-645(c). Consumer nonetheless affords the manufacturer a prompt opportunity to resolve this matter (see Section IX).

F. Informal Dispute Settlement Prerequisite — K.S.A. 50-645(e)

Under K.S.A. 50-645(e), if the manufacturer has established an informal dispute settlement procedure that complies in all respects with 16 C.F.R. Part 703, the refund/replacement provisions of 50-645(c) do not apply to a consumer who has not first resorted to that procedure. A 16 C.F.R. Part 703 procedure is non-binding on the consumer, who may proceed to court if dissatisfied.

If the manufacturer does not maintain a compliant procedure, no such prerequisite applies and the consumer may pursue the 50-645(c) remedy and litigation directly.

II. VEHICLE AND PURCHASE INFORMATION

III. WARRANTY DETAILS

All defects identified below first arose during the applicable warranty period and remain unresolved as of this demand.

IV. DESCRIPTION OF NONCONFORMITY

Primary Defect

Additional Defect(s)

(Repeat for each additional defect)

V. REPAIR HISTORY

Repair Attempt No. 1

Repair Attempt No. 2

Repair Attempt No. 3

Repair Attempt No. 4

(Add additional repair attempts as needed)

Cumulative Repair Summary

VI. LEMON LAW QUALIFICATION ANALYSIS

A. Presumption Triggered Under K.S.A. 50-645(d)

☐ Four-Repair Threshold Met: The same nonconformity (substantially impairing use and value) has been subject to repair [____] times (≥ 4 required) but still exists, satisfying K.S.A. 50-645(d)(1).

☐ 30-Day Out-of-Service Threshold Met: The vehicle has been out of service by reason of repair for a cumulative [____] calendar days (≥ 30 required), satisfying K.S.A. 50-645(d)(2).

☐ Ten-Total-Repairs Threshold Met: There have been [____] total repair attempts (≥ 10 required) for nonconformities substantially impairing use and value, satisfying K.S.A. 50-645(d)(3).

☐ Manufacturer has received actual notice of the nonconformity (prerequisite to the presumption).

B. Rights-Period Timing

☐ The nonconformity was reported within the earlier of the applicable warranty term or one year from original delivery (K.S.A. 50-645(b)). For the presumption, the four-same-repair and 30-calendar-day routes must occur within that earlier-ending period; K.S.A. 50-645(d)(3) does not state the same timing limit for the 10-total-attempt route. (No mileage cap applies.)

C. Substantial Impairment

To defeat the affirmative defense in K.S.A. 50-645(c), the nonconformity substantially impairs both:

• ☐ Use — [________________________________]
• ☐ Value — [________________________________]

Any separate safety impact is: [________________________________].

D. Federal Magnuson-Moss Warranty Act Claim

In addition to state law, our Client asserts claims under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq. Magnuson-Moss provides for recovery of attorney fees to a prevailing consumer (15 U.S.C. § 2310(d)(2)) and permits state or federal court filing. Where the amount in controversy exceeds $50,000 and at least 100 plaintiffs are named, federal jurisdiction is available. Individual state-court claims have no minimum amount threshold.

VII. ARBITRATION STATUS

☐ Manufacturer has a 16 C.F.R. Part 703-compliant procedure. Our Client will resort to this procedure as required by K.S.A. 50-645(e) before invoking the 50-645(c) remedy, but reserves all rights to litigate if the outcome is unsatisfactory.

☐ Manufacturer does not operate a compliant procedure in Kansas. The 50-645(e) prerequisite therefore does not apply, and our Client may pursue the 50-645(c) remedy and proceed directly to court.

☐ Consumer has already completed manufacturer arbitration. Decision dated [__/__/____] was: ☐ Favorable to Consumer ☐ Unfavorable — Consumer exercises right to litigate.

VIII. DEMAND FOR RELIEF

Pursuant to K.S.A. 50-645(c), we demand the following (the choice between replacement and refund is the manufacturer's under the statute, but Consumer states its preference below):

Option A — Refund / Repurchase (K.S.A. 50-645(c))

Use Allowance Calculation (K.S.A. 50-645(c)): Kansas does not use a fixed mileage-divisor formula. The reasonable allowance for use is "that amount directly attributable to use by the consumer and any previous consumer prior to the first report of the nonconformity... and during any subsequent period when the vehicle is not out of service by reason of repair," and it is calculated from the most recent edition of Your Driving Costs, published by the American Automobile Association (AAA). Do not apply a "÷ 120,000" or similar mileage formula — that is not the Kansas standard.

• Miles driven before first report of nonconformity: [________________________________]
• AAA Your Driving Costs per-mile figure (current edition, applicable class): $[__________] / mile
• Use allowance (AAA per-mile × qualifying miles): $[________________________________]

Option B — Replacement Vehicle (K.S.A. 50-645(c))

The manufacturer may instead provide a comparable motor vehicle under warranty.

Statutory note: Under K.S.A. 50-645(c) the election between replacement and refund rests with the manufacturer. Consumer's stated preference: ☐ Refund ☐ Replacement.

Additional Relief

1. Attorney Fees: The Kansas lemon law (K.S.A. 50-645) contains no fee provision. A prevailing consumer may recover reasonable attorney fees (a) under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2310(d)(2), and (b) under the Kansas Consumer Protection Act, K.S.A. 50-634(e), if the manufacturer's conduct also constitutes a deceptive or unconscionable act or practice under the KCPA (K.S.A. 50-626 / 50-627). (K.S.A. 50-654 — cited in some materials — is the unrelated Kansas Collision Damage Waiver Act and does not apply.)
2. Lienholder Interest: Refunds are payable to the consumer and lienholder as their interests may appear (K.S.A. 50-645(c)). Identify the lienholder and its interest: [________________________________].
3. Other Preserved Remedies (K.S.A. 50-646): All out-of-pocket losses and remedies otherwise available under the UCCC, UCC, and other law, including rental cars, towing, and alternative transportation.

IX. OPPORTUNITY TO RESOLVE

The Kansas lemon law does not mandate a fixed pre-suit "cure period." A reasonable number of repair attempts has already been made and the nonconformity persists; under K.S.A. 50-645(c) the manufacturer's obligation now is to replace or refund. As a practical courtesy, Consumer will consider any prompt offer by the manufacturer to resolve this matter.

If the manufacturer wishes to discuss resolution, contact the undersigned within fourteen (14) days at:

[________________________________]
[________________________________]
[________________________________]

Absent a satisfactory replacement or refund offer, our Client will proceed as follows:
☐ Resort to the manufacturer's 16 C.F.R. Part 703 procedure, if any (K.S.A. 50-645(e))
☐ File suit in the District Court of [________________________________] County, Kansas
☐ File complaint with the Kansas Attorney General — Consumer Protection Division

X. DOCUMENT PRESERVATION NOTICE

You are hereby directed to preserve all documents, records, and electronically stored information relating to this vehicle, including but not limited to:

• All repair orders, warranty claims, and parts invoices
• Technical Service Bulletins ("TSBs") related to the reported defect
• All customer complaints and field reports regarding similar defects in this model
• Communications between the dealer and manufacturer regarding this vehicle
• Engineering documents, root cause analyses, and investigation reports
• The vehicle itself — do not dispose of, sell, auction, or alter

Spoliation of evidence will result in sanctions, adverse inference instructions, and potential separate tort claims under Kansas law.

XI. RESPONSE DEADLINE

Please respond in writing within fourteen (14) days of receipt with:

1. Your position on whether the vehicle qualifies as a lemon under K.S.A. 50-645
2. A concrete offer for refund or replacement under K.S.A. 50-645(c)
3. Whether the manufacturer maintains a 16 C.F.R. Part 703 informal dispute settlement procedure

If we do not receive a satisfactory response:

☐ This matter will be submitted to the manufacturer's 16 C.F.R. Part 703 procedure (if any)
☐ Suit will be filed in the appropriate Kansas court seeking full refund, incidental damages, and attorney fees
☐ A formal complaint will be filed with the Kansas Attorney General, Consumer Protection Division (120 SW 10th Avenue, 2nd Floor, Topeka, KS 66612; 1-800-432-2310)

Respectfully submitted,

[________________________________]

By: _________________________________
[________________________________]
Kansas Bar No. [________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Attorneys for [________________________________]

ENCLOSURES:

☐ Copies of all repair orders and warranty claims
☐ Copy of purchase / lease agreement
☐ Copy of manufacturer warranty booklet
☐ Vehicle registration
☐ Photographs / video of defect manifestation
☐ Prior correspondence with manufacturer and dealer
☐ Rental car receipts and towing invoices
☐ Authorization to represent

cc:
[________________________________] (Consumer)
[________________________________] (Lienholder)
Kansas Attorney General — Consumer Protection Division

KANSAS-SPECIFIC NOTES

Weight Limit Is "Registered Gross Weight," Not GVWR

Kansas covers vehicles registered for a gross weight of 12,000 pounds or less (K.S.A. 50-645(a)(2)) — higher than the 10,000-lb figure in many states. Note the statute keys on registered gross weight, not the door-placard GVWR; confirm the vehicle's registered weight classification. The statute's only enumerated exclusion is the customized parts added/modified by second-stage manufacturers or converters (K.S.A. 8-2401).

Rights Period — Warranty or 1 Year, No Mileage Cap

The Kansas rights period is the earlier of the warranty term or one year from original delivery (K.S.A. 50-645(b)). There is no 12,000-mile (or any) mileage cap — the 12,000 figure is the weight limit. Do not disqualify a claim on a nonexistent mileage ceiling; act promptly nonetheless.

Three Presumption Triggers — Including 10 Total Repairs

Kansas's presumption (K.S.A. 50-645(d)) has three triggers, not two: (1) four same-defect repairs; (2) 30 cumulative calendar days out of service; or (3) ten total repair attempts for any qualifying nonconformities. The 10-total-repairs trigger is easy to overlook — count all warranty repairs, not just repeats of one defect.

Use Allowance — AAA Your Driving Costs, Not a Mileage Formula

Kansas calculates the reasonable use allowance from AAA's Your Driving Costs publication (K.S.A. 50-645(c)), limited to use before the first report of the nonconformity (and non-out-of-service periods after). There is no ÷100,000 or ÷120,000 mileage-divisor formula in Kansas. Pull the current AAA per-mile figure for the vehicle class.

No Fee Provision in the Lemon Law

K.S.A. 50-645 itself provides no attorney fees. Fee recovery runs through Magnuson-Moss (15 U.S.C. § 2310(d)(2)) and, if the conduct also violates the KCPA (K.S.A. 50-626/627), the KCPA fee statute K.S.A. 50-634(e) (discretionary, two-way). Do not cite K.S.A. 50-654 — that is the unrelated Kansas Collision Damage Waiver Act.

Kansas AG Involvement

The Kansas Attorney General's Consumer Protection Division in Topeka actively handles lemon law complaints and can investigate manufacturers that engage in patterns of warranty non-compliance. Filing a parallel AG complaint can accelerate manufacturer response.

Sources and References

1. K.S.A. 50-645 (official) — Kansas lemon law; motor vehicle warranties — https://ksrevisor.gov/statutes/chapters/ch50/050_006_0045.html
2. K.S.A. 50-646 (official) — Same; other remedies preserved — https://ksrevisor.gov/statutes/chapters/ch50/050_006_0046.html
3. K.S.A. 50-634(e) (official) — Kansas Consumer Protection Act remedies / attorney fees — https://ksrevisor.gov/statutes/chapters/ch50/050_006_0034.html
4. 15 U.S.C. § 2301 et seq. — Federal Magnuson-Moss Warranty Act (fees § 2310(d)(2))
5. 16 C.F.R. Part 703 — FTC informal dispute settlement procedures
6. Kansas Attorney General, Consumer Protection Division — https://ag.ks.gov/ (1-800-432-2310)
7. BBB National Programs — Kansas Lemon Law Summary (locating aid) — https://assets.bbbprograms.org/docs/default-source/auto-line/statelemonlaws/kansas-lemonlaw.pdf

This template is for informational purposes only and does not constitute legal advice. Lemon law coverage periods are narrow; consult a licensed Kansas attorney promptly upon discovering a vehicle defect.