Q: Legal options for returning a faulty vehicle after signing contract in Kansas.
I signed a contract with a car dealership at the end of January. The vehicle has had multiple issues, leaving me stranded after work. The dealer has attempted to fix the car three times, but the problems persist. I requested a refund of my down payment and expressed that I no longer want the vehicle. The company insists that the vehicle is legally mine and refuses to return my money. I've been making weekly payments even while the car was at the dealership. Initially, they didn't offer a loaner car but eventually provided one. What are my legal options to resolve this situation?
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A:
It sounds like you’re dealing with a frustrating situation, especially since the vehicle's issues continue despite repeated attempts to fix it. Under Kansas law, you might have a few legal options depending on the specifics of the situation. The Kansas Consumer Protection Act provides protections for consumers when dealing with faulty goods, including cars. If the dealership has made multiple attempts to repair the vehicle and the issues remain, this could be considered a "lemon" under Kansas law.
Your first step should be to formally request a refund or a replacement vehicle in writing, clearly outlining the issues with the car and referencing the Kansas lemon law. Make sure to include all your communication with the dealership and the repair attempts, as this will support your case.
If the dealership refuses to work with you, you can file a complaint with the Kansas Attorney General's office or consider pursuing legal action in small claims court. If you’ve made payments while the car was in the shop and still haven’t received a functional vehicle, you may be entitled to a refund or compensation for the ongoing issues. If needed, consult an attorney who can help you navigate the next steps and ensure that your rights are protected.
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