What Is the Lemon Law in Missouri for Used Cars

Missouri's lemon law, codified as Missouri Revised Statutes § 407.560 through § 407.579, applies exclusively to new motor vehicles purchased or leased in Missouri. Used vehicles do not receive lemon law protection under Missouri statutes.

The state lemon law covers only new motor vehicles sold or leased for personal, family, or household use. The statute applies to passenger cars, light trucks, and vans with a gross vehicle weight of less than 10,000 pounds. Motor homes, living facilities of motor homes, motorcycles, mopeds, and off-road vehicles are excluded from coverage. Manufacturers must replace vehicles or refund purchase prices when nonconformities substantially impair use, market value, or safety and cannot be repaired after a reasonable number of attempts during the express warranty term or one year from original delivery, whichever occurs first.

What Protections Do Used Car Buyers Have in Missouri?

Missouri provides consumer protection for used vehicle buyers through implied warranty requirements and disclosure obligations established by state law, supplemented by federal consumer protection statutes.

Missouri Implied Warranty Protections

Missouri recognizes the implied warranty of merchantability under the Uniform Commercial Code, which applies to used vehicles sold by dealers. The implied warranty requires vehicles to be fit for ordinary purposes—safe and functional for normal transportation. When vehicles suffer from substantial defects affecting their use, dealers have breached the implied warranty.

Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act provides federal remedies when dealers or manufacturers breach written warranty terms. This statute applies to written warranties, implied warranties of merchantability and fitness, and service contract obligations. Buyers may recover damages, vehicle replacement, refunds, and attorney fees when warranty obligations are not honored.

FTC Used Car Rule

The FTC Used Car Rule requires dealers to display a Buyers Guide on every used vehicle offered for sale. The guide must disclose warranty coverage or "as is" status, identify covered systems and warranty duration, specify repair cost division between dealer and buyer, and recommend independent pre-purchase inspections.

Understanding "As Is" Sales in Missouri

Missouri permits dealers to sell used vehicles "as is" and disclaim implied warranties through proper written notice. Dealers frequently use "as is" designations to limit warranty obligations.

What "As Is" Means for Buyers

Missouri dealers may sell vehicles "as is" and effectively disclaim implied warranties when the disclaimer is conspicuous and brought to the buyer's attention. "As is" sales place responsibility on buyers for all repairs after purchase. Dealers disclaim liability for defects not disclosed before sale, and buyers accept vehicles in their current condition.

For "as is" disclaimers to be effective under Missouri law, they must be presented conspicuously in writing and acknowledged by buyers before purchase completion. Disclaimers buried in contract fine print or presented after purchase agreements are signed may not be enforceable. Language must clearly communicate that buyers purchase without warranty protection and assume all repair costs.

Despite "as is" designations, Missouri law requires dealers to honor any express written warranties provided at sale. If dealers make specific written promises about vehicle condition or provide limited warranties alongside "as is" language, those express warranties remain enforceable. Oral representations made by dealers may also create express warranties under Missouri law, even when written contracts contain "as is" provisions.

Limited Dealer Disclosure Requirements

Missouri imposes disclosure obligations that dealers cannot avoid through "as is" language. Federal odometer disclosure laws require accurate mileage statements on all title transfers. Missouri law mandates disclosure of salvage title brands, total loss designations, and flood damage when applicable.

Dealers must disclose prior use as rental vehicles, taxis, or police cars. Dealers must provide accurate title documentation and comply with Department of Revenue regulations governing vehicle registration and titling. Material defects known to dealers at the time of sale may be subject to disclosure requirements even in "as is" transactions, depending on circumstances and applicable fraud principles.

Limited Exceptions to "As Is" Protection

Missouri buyers retain legal recourse when dealers engage in prohibited conduct, and "as is" disclaimers do not shield all dealer misconduct. "As is" language does not protect dealers from fraudulent misrepresentations about vehicle condition, history, or prior damage. Material misrepresentations that influence purchasing decisions create liability under fraud principles regardless of contractual disclaimers.

Dealers cannot use "as is" designations to escape responsibility for odometer tampering, failure to disclose salvage history, or concealment of total loss status. When dealers make oral representations contradicting "as is" disclaimers—such as statements that vehicles are in excellent mechanical condition—buyers may pursue fraud claims or breach of express warranty claims.

Filing a Consumer Complaint

Missouri Office of the Attorney General
Consumer Protection Division
Post Office Box 899, Jefferson City, MO 65102
Phone: (573) 751-3321
Official Website: Consumer Protection Division