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Consumer Protection
RSMo 407.567effective 28 Aug 2004

Replacement of motor vehicle or refund of purchase price, when

In plain English

If a car company cannot fix a new car's serious problem after a fair number of tries, the car company has to either give the buyer a similar new car or take the car back and return the full amount paid for it, including extra costs. Either way, a small amount is subtracted based on how much the buyer drove the car. If the car company takes the car back and refunds taxes and fees, the car company can get that tax and fee money back from the state, or the car company can let the buyer ask the state directly for that refund.

Word-for-word law

407.567. Replacement of motor vehicle or refund of purchase price, when — allowance deducted for 's use — , when, for. — 1. If the , through its or its , cannot the new motor vehicle to any applicable by repairing or correcting any or condition which impairs the use, , or safety of the new motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall, at its option, either replace the new motor vehicle with a new vehicle acceptable to the consumer, or take of the vehicle from the consumer and refund to the consumer the full purchase price, including all reasonably incurred , less a reasonable allowance for the consumer's use of the vehicle. The subtraction of a shall apply when either a replacement or refund of the new motor vehicle occurs.

2. Refunds shall be made to the consumer and , if any, as their interests may appear.

3. (1) Upon taking the title to a vehicle under this section, the manufacturer may apply to the for a reimbursement equal to any amounts refunded to a consumer for any sales tax, fees, fees, and title fees paid by the consumer as a result of purchasing the vehicle. Upon the receipt of a written request for a refund, accompanied by satisfactory that such sales tax and fees on the vehicle were paid when or after the vehicle was purchased and that the manufacturer has refunded such sales tax and fees to the consumer, , or of the vehicle, the department of revenue shall refund to the manufacturer an amount equal to the amounts refunded to a consumer for such sales tax and fees paid by the consumer as a result of purchasing the vehicle.

(2) The manufacturer may, applying to the department of revenue for a reimbursement under this , direct the consumer to apply to the department of revenue for a refund of any sales tax, license fees, registration fees, and title fees paid by the consumer as a result of purchasing the vehicle. The manufacturer shall provide the consumer with the documentation required to prove that the consumer paid such sales tax and fees to the manufacturer. Upon the receipt of a written request by the consumer for a refund, accompanied by satisfactory proof that such sales tax and fees on the vehicle were paid when or after the vehicle was purchased, and a written statement from the manufacturer that such sales tax and fees were not refunded to the consumer, lienholder, or lessor of the vehicle, the department of revenue shall refund to the consumer an amount equal to the amounts for such sales tax and fees paid by the consumer as a result of purchasing the vehicle.

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Source & history notes

(L. 1984 H.B. 992 § 4 subsecs. 1, 2, A.L. 2004 S.B. 1233, et al.)

View official source

Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 407.567: Replacement of motor vehicle or refund of purchase price, when | KnowMo Laws