Kansas Used Car Lawsby Nancy Wagner
Several laws provide recourse, compensation and protection for buyers of used vehicles in Kansas who get less than the seller promised. These laws cover a variety of vehicles including recreational vehicles, boats, trucks and cars. Some of the laws are federal regulations; others are specific to Kansas.
Magnuson-Moss Warranty Act
The federal Magnuson-Moss Warranty Act applies to used-car buyers nationwide. The act says that the manufacturer of any product must abide by the warranty. This includes written or implied warranties and service contracts for any used car. Implied warranties consist of unspoken and unwritten promises offered by the seller to the buyer. These promises include expectations that the used car you bought should work as expected based on its age, mileage and price.
Used Car Rule
Another federal regulation, the Federal Trade Commission's Used Car Rule, requires each dealership to post a buyer's guide on every car it sells. The rule applies to all vehicles, including demonstration cars, leased cars and light-duty vans and trucks. Keep the buyer's guide or obtain a copy, because the guide is part of your sales contract. It overrides any conflicting statements in your regular contract.
New-Car Lemon Laws
Kansas is one of a handful of states that cover some used cars under new-car lemon laws. In Kansas, lemon laws pertain to some recent-model vehicles purchased as used cars. If the car's problems were reported to the manufacturer or dealer during the term of any warranties or during the 12 months after the vehicle was delivered to its first owner, you may have recourse if you buy that car used. Kansas state law says the manufacturer or dealer must replace the vehicle with a comparable vehicle under warranty or accept return of the vehicle and refund the purchase price minus an allowance for the use of the vehicle. The amount due is calculated from the most recent edition of "Your Driving Costs," published by the American Automobile Association.
Unfair and Deceptive Acts and Practices Law
If you feel the dealer who sold you your used car may have given deceptive information on the car, you can use the Unfair and Deceptive Acts and Practices Law to get recourse. This law applies to cars sold "as is" as well as other used vehicles. If the dealer failed to provide information about the vehicle's problems, you can also use this act to seek recourse.
Truth in Mileage Act
The Federal Truth in Mileage Act, created in 1986, helps used car buyers deal with fraudulent odometer readings. According to the Connecticut law firm Lemberg & Associates, about 3.5 percent of used vehicles sold have rolled-back odometers. If you discover your vehicle's odometer was changed before you bought the vehicle, this law gives you an avenue for obtaining recourse or compensation.
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