Overland Park Lemon Law

Kansas lemon-law civil actions under K.S.A. 50-645 are filed in Kansas District Court in the county where you live or where the vehicle was sold or leased. For Overland Park consumers, that is the Tenth Judicial District Court of Kansas (Johnson County) at the Johnson County Courthouse, 150 North Cherry Street in Olathe. Before suing, if the manufacturer operates an informal dispute settlement procedure that substantially complies with the FTC's Magnuson-Moss regulations (16 C.F.R. Part 703), you must first submit the dispute there.

Kansas lemon law under K.S.A. 50-645 applies to vehicles sold or leased in Kansas. If you bought the vehicle from a Missouri dealer, Missouri's Lemon Law (Mo. Rev. Stat. 407.560 et seq.) may apply instead, even if you registered the vehicle in Johnson County. The federal Magnuson-Moss Warranty Act covers manufacturer warranty breaches regardless of which side of the state line the sale happened. A lemon-law attorney can advise which state's statute best fits your facts.

Some EV charging-curve variation by temperature is normal lithium-ion behavior. But sustained charging-rate degradation outside manufacturer specifications, thermal-management faults, DC fast-charge handshake failures, or onboard-charger defects that survive multiple software flashes and component swaps can support a Kansas lemon-law claim once you hit K.S.A. 50-645's four-attempt or 30-day-out-of-service thresholds within the warranty term or one year of delivery. EV high-voltage battery warranties are also enforceable under federal Magnuson-Moss.

Kansas has one of the strictest reporting windows in the country. Under K.S.A. 50-645, the defect must first be reported to the manufacturer or its authorized dealer within the term of the express warranty or within one year of original delivery, whichever is earlier. If you do not report within that window, you lose the lemon-law presumption entirely, even if your civil action is timely under the general four-year UCC limitations period. Report every symptom in writing as soon as it appears.

Yes, if the manufacturer operates an informal dispute settlement procedure that substantially complies with the FTC's Magnuson-Moss regulations (16 C.F.R. Part 703). Most major automakers run BBB AUTO LINE or similar programs that meet that standard. You must submit to it before invoking the K.S.A. 50-645 refund or replacement remedy. The arbitrator's decision is generally not binding on you. If you reject the outcome, you may still file in the Tenth Judicial District Court in Olathe.

Generally yes. Kansas defines 'consumer' to include lessees of new motor vehicles, so most consumer leases of qualifying new vehicles fall under K.S.A. 50-645. Kansas appellate annotations have carved out 'true lease' transactions where the lessee has no option or right to acquire the vehicle, holding those are not covered. If you signed a typical retail consumer lease with a residual purchase option, you almost certainly have lemon-law standing alongside your right to pursue federal Magnuson-Moss claims.

K.S.A. 50-645 gives the consumer a choice between a comparable replacement vehicle and a refund of the purchase or lease price plus collateral charges. The refund is reduced by a 'reasonable allowance for the consumer's use of the vehicle' calculated from the most recent edition of AAA's 'Your Driving Costs' publication, which is unique to Kansas. While Kansas's statute does not expressly award attorney's fees, the federal Magnuson-Moss Warranty Act does, and Kansas Consumer Protection Act claims for related deceptive conduct allow statutory damages up to $10,000 per violation.