Kansas Statutes 50-648. Purchase of motor vehicle voided; consumer remedies
Terms Used In Kansas Statutes 50-648
- Consumer: means an individual, husband and wife, sole proprietor, or family partnership who seeks or acquires property or services for personal, family, household, business or agricultural purposes. See Kansas Statutes 50-624
- Supplier: means a manufacturer, distributor, dealer, seller, lessor, assignor, or other person who, in the ordinary course of business, solicits, engages in or enforces consumer transactions, whether or not dealing directly with the consumer. See Kansas Statutes 50-624
(a) Any consumer who has purchased a motor vehicle from a supplier and who proves: (1) That any of the acts declared to be a violation of Kan. Stat. Ann. § 21-5835, and amendments thereto, have taken place; and (2) that the mileage or use of the motor vehicle is materially different from that shown on the vehicle’s odometer shall be entitled to a declaration from the court that the purchase of the motor vehicle is voidable at the consumer’s request.
(b) If the purchase of a motor vehicle is voided under subsection (a), the consumer shall recover the greater of the following but recovery shall not exceed the actual purchase price of the vehicle:
(1) Purchase price before trade-in allowance less set off;
(2) purchase price before trade-in allowance plus verified repairs less set off; or
(3) the civil penalties in Kan. Stat. Ann. § 50-651, and amendments thereto.
(c) The consumer may recover reasonable attorney fees, if the consumer prevails in an action against the supplier under this section.