used in sections 407.560 to 407.579, the following terms mean:
"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;
"Comparable motor vehicle", an identical or reasonably
equivalent motor vehicle;
"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;
"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;
"Manufacturer", any person engaged in the
manufacturing or assembling of new motor vehicles as a regular
"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, powertrain 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.
Report of nonconformity required.
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
Replacement of motor vehicle or refund of purchase price.
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.
Refunds shall be made to the consumer and lien holder of record,
if any, as their interests may appear.
shall be an affirmative defense to any claim under sections
407.560 to 407.579 that:
An alleged nonconformity does not substantially impair the use,
market value, or safety of the motor vehicle;
A nonconformity is the result of abuse, neglect, or unauthorized
modifications or alterations of a motor vehicle;
A claim by a consumer was not filed in good faith; or
Any other affirmative defense allowed by law.
Presumptions of nonconformity.
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:
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
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.
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.
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.
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.
Manufacturer with approved settlement procedure.
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
Court action by consumer.
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.
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
Consumer's right to other remedies.
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.
Sections 407.560 to 407.579 shall apply to any new motor vehicle
sold after January 1, 1985.
Warranty repairs, labor cost compensation to dealer.
a dealer makes repairs to any motor vehicle or vessel pursuant
to any warranty provision, the dealer shall receive from the
manufacturer or distributor giving the warranty, reasonable
compensation for labor at a rate no less than that posted by the
dealer for labor not under warranty.