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QuestionInsurance Question  When you first buy a car and you immediately have a problem (that day) is there a clause that you can tear up the contract if the problem is not fixable by the service dept? This is for Missouri.

AnswerAuto Insurance Answer

No, there is not a state law in Missouri that allows you to tear up your purchasing contract for a car if you have problems with it the same day in which you buy it. The actual contract from the dealership make have such a clause, that you can rescind the contract, however that is not likely to be included in many motor vehicle purchasing documents.

The Attorney General for the State of Missouri gives information on the state's lemon laws. The Missouri New Vehicles Warranty Law, commonly called the "Lemon Law," protects buyers of new vehicles by enforcing the manufacturer's express warranty. The Lemon Law does not apply to used cars.

New-vehicle owners must report problems or defects in writing to the manufacturer to use the provisions of the Lemon Law. The manufacturer must be permitted a "reasonable" number of attempts to correct the problem.

Under the law, it is presumed that the manufacturer has been given a reasonable number of attempts to correct the problem if:

  • The vehicle has been in the repair shop for the same problem four or more times and the problem still exists; or
  • The vehicle has been out of service because of a problem covered by warranty for 30 or more working days since delivery, excluding delays that are beyond the manufacturer's control.

If the problem cannot be fixed in a "reasonable number of repair attempts" the manufacturer can either offer you a cash refund or a vehicle of comparable value.

Under the law, manufacturers can deduct a "reasonable allowance for the consumer's use of the vehicle" from the refund. The law also stipulates that the replacement vehicle must be acceptable to the consumer.

There is no state law allowing a buyer to return a car within a set time and expect a full or partial refund. Before you buy, ask a dealer if it has a policy to rescind a purchase contract.

Before taking delivery of a new vehicle the attorney general recommends that you:

  • Get a signed copy of the warranty.
  • Make sure the vehicle's title has been transferred to you. The dealer typically does this by filling in and signing the transfer form on the back of the title. You then have 30 days to apply for a new title with the Missouri Department of Revenue before facing title penalties.

Because the Lemon Law does not apply when you are purchasing a used car, buying a pre-owned vehicle requires even more caution. The vehicle's history plays a big role in its condition, and in most cases you will not have a warranty.

Pay attention to the Buyer's Guide, which the Federal Trade Commission (FTC) requires dealers to display in the window of each used car offered for sale by a dealership. The guide gives basic information about the car and includes a warranty section where one of two choices must be checked. The first is “as is — no warranty.” The second choice is “warranty.”

In Missouri, a dealer may sell a used car “as is.” There are no specific warranties, and the warranties normally implied by Missouri law do not apply. You are responsible for any repairs on an “as is” vehicle. And remember, Missouri's Lemon Law does not apply to used cars.

If you buy a car from a private individual, the sale is not covered by the FTC rule and you will not receive a Buyer's Guide. Most cars sold privately are sold “as is” and without any warranties.

The state consumer protection laws are found in Chapter 407 of the Missouri Revised Statutes if you would like to research them more yourself to see if the situation you are in is protected by MO state laws. The attorney general's consumer protection department for Missouri may be helpful in answering more questions. If you cannot return the car but will be keeping it and need to obtain auto insurance click here for a low cost car insurance quote.

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