|UCC Warranty Rights Not Eliminated by Lemon Law for Defective Cars|
|Description||Missouri appeals court held that while the statute of limitations may have run out under the state Lemon Law concerning defective new vehicles, the buyers had the right to bring warranty claims under the UCC, which has a longer statute of limitations.|
|Key Words||Warranty Claims; Lemon Law; Statute of Limitations|
|C A S E S U M M A R Y|
|Facts||The Edwards bought a new Elantra in 2001. It had a six-year or 72,000 mile bumper-to-bumper warranty. The car had numerous problems and the defects could not be cured. In 2004, the Edwards sued for breach of written warranty and breach of implied warranty of merchantability. The trial court dismissed their suit, holding that the statute of limitations under the Lemon Law had expired; the Edwards appealed.|
Reversed and remanded. The Missouri Lemon Law does not supersede the UCC in all respects with regard to nonconforming new vehicles. The Lemon Law, which refers only to express warranties, did not preclude any remedy for breach of implied warranty of merchantability or any other implied warranties. Hence, the four-year statute of limitations under the UCC, rather than the statute of limitations under the Lemon Law, applied to the claims, so the suit may proceed.
|Citation||Edwards v. Hyundai Motor America, ---S.W.3d--- (2005 WL 1017988, Ct. App., Mo., 2005)|
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