Missouri protects buyers from vehicles that spend more time in the shop than they do in service. It is not just for automotive vehicles, or road vehicles. Missouri law protects boat buyers, too. Knowing what is, and is not covered and how to get the law on your side when dealing with a frustrating situation takes a lot of the sting out of a painful circumstance.
Who is Protected?
Federal law leaves a little bit of room for each state to decide what they will, or will not do to help consumers with their problem vehicles. New boats in Missouri that require continuous service for the same problem meet the requirements for protection. Missouri does not cover used vehicles even if they are still under warranty. However, boat owners with used boats are not without resources. Federal law protects used boat buyers from lemons. New boats that require service for the same problem four or more times, or take more than 30 days for a single repair, unless the manufacturer can prove the delay is beyond their ability to control it are considered "lemons" in Missouri.
Necessary Information
When you file your claim, make sure you include all pertinent information. You must list your full name, contact information including phone number and address, the date you purchased the boat, the date of the first repair for the problem, and all information regarding the warranty that came with the boat. Boat identification numbers from the HIN (hull identification number found stamped on the starboard (right) side of the transom (back) above the water line), title, and registration numbers must appear on the application to identify the boat.
The Process
Once your boat falls into the category of a lemon, the manufacturer must offer you a replacement of similar value, or refund of the purchase price. In Missouri, the boat dealer can deduct the reasonable value of use prior to refund. Your boat manufacturer may also file a dispute to the judgment. In that case, the complaint goes into arbitration. During the mediation between manufacturer and buyer, the boat manufacturer may offer a settlement. If you do not accept the settlement offer, your next recourse is taking the company to court under the lemon law to obtain full refund. You must go through the process of application and mediation before you can take the manufacturer to court.
Lemon Law Defense
Manufacturers may appear in their defense against a lemon law complaint. The Missouri lemon law does not apply to boats when the part of loss of function does not impair the value, use, or safety of the boat in a substantial manner. The law protects manufacturers against claims made as a result of neglect, abuse, or modifications to the boat, and any other legal defense including claims not made in good faith.
Other Expenses
The manufacturer also must pay any remaining service charges covered under the warranty prior to re-taking possession of the boat.
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