50-648. Odometer fraud; purchase of motor vehicle voided; consumer remedies. - Kansas Statutes

50-648

Chapter 50.--UNFAIR TRADE AND CONSUMER PROTECTION Article 6.--CONSUMER PROTECTION

      50-648.   Odometer fraud; purchase of motor vehicle voided; consumerremedies.(a) Any consumer who has purchased a motor vehicle from asupplier and whoproves: (1) That any of the acts declared to be a violation of K.S.A.21-3757 have taken place; and (2) that the mileage or use ofthe motor vehicle ismaterially different from that shown on the vehicle's odometer shall beentitled to a declaration from the court that the purchase of the motorvehicle 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 recoveryshall 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 setoff; or

      (3)   The civil penalties in K.S.A. 50-651.

      (c)   The consumer may recover reasonable attorney fees, if the consumerprevails in an action against the supplier under this section.

      History:   L. 1988, ch. 211, § 3; July 1.