407.567. Replacement of motor vehicle or refund of purchase price, when--allowance deducted for consumer's use--reimbursement, when, application for.

MISSOURI STATUTES AND CODES

407.567. Replacement of motor vehicle or refund of purchase price, when--allowance deducted for consumer's use--reimbursement, when, application for.

Replacement of motor vehicle or refund of purchase price,when--allowance deducted for consumer's use--reimbursement, when,application for.

407.567. 1. If the manufacturer, through its authorized dealer orits agent, cannot conform the new motor vehicle to any applicable expresswarranty by repairing or correcting any default or condition which impairsthe use, market value, or safety of the new motor vehicle to the consumerafter a reasonable number of attempts, the manufacturer shall, at itsoption, either replace the new motor vehicle with a comparable new vehicleacceptable to the consumer, or take title of the vehicle from the consumerand refund to the consumer the full purchase price, including allreasonably incurred collateral charges, less a reasonable allowance for theconsumer's use of the vehicle. The subtraction of a reasonable allowancefor use shall apply when either a replacement or refund of the new motorvehicle occurs.

2. Refunds shall be made to the consumer and lienholder of record, ifany, as their interests may appear.

3. (1) Upon taking the title to a vehicle under this section, themanufacturer may apply to the department of revenue for a reimbursementequal to any amounts refunded to a consumer for any sales tax, licensefees, registration fees, and title fees paid by the consumer as a result ofpurchasing the vehicle. Upon the receipt of a written request for arefund, accompanied by satisfactory proof that such sales tax and fees onthe vehicle were paid when or after the vehicle was purchased and that themanufacturer has refunded such sales tax and fees to the consumer,lienholder, or lessor of the vehicle, the department of revenue shallrefund to the manufacturer an amount equal to the amounts refunded to aconsumer for such sales tax and fees paid by the consumer as a result ofpurchasing the vehicle.

(2) The manufacturer may, in lieu of applying to the department ofrevenue for a reimbursement under this subsection, direct the consumer toapply to the department of revenue for a refund of any sales tax, licensefees, registration fees, and title fees paid by the consumer as a result ofpurchasing the vehicle. The manufacturer shall provide the consumer withthe documentation required to prove that the consumer paid such sales taxand fees to the manufacturer. Upon the receipt of a written request by theconsumer for a refund, accompanied by satisfactory proof that such salestax and fees on the vehicle were paid when or after the vehicle waspurchased, and a written statement from the manufacturer that such salestax and fees were not refunded to the consumer, lienholder, or lessor ofthe vehicle, the department of revenue shall refund to the consumer anamount equal to the amounts for such sales tax and fees paid by theconsumer as a result of purchasing the vehicle.