Replacement Vehicle Under Missouri Lemon Law
How Missouri Lemon Law replacement works under § 407.567 — comparable new vehicle; the manufacturer elects refund vs. replacement 'at its option.'
Under Missouri Lemon Law (§ 407.567), the manufacturer elects — “at its option” — between refund and replacement. When the manufacturer opts to replace, it must provide a “comparable new motor vehicle acceptable to the consumer” — same year, make, model, trim, and options. The consumer cannot unilaterally demand one remedy over the other, though any replacement must be comparable and acceptable.
What “comparable” means
A comparable replacement vehicle must have:
- Same year, make, model, trim.
- Same major options (drivetrain, transmission, infotainment, safety package, color where reasonable).
- New (not used / demo).
- Equal or better warranty — typically a fresh full manufacturer warranty.
Reasonable-use offset still applies
Under § 407.567, the manufacturer is entitled to deduct for pre-defect use even on replacement. Typically calculated as:
- A reduced mileage credit on the replacement vehicle’s odometer reading, OR
- A small cash payment from the consumer to cover the offset, OR
- Waived entirely as part of settlement negotiation.
When to choose replacement over refund
- Brand loyalty — consumer wants the same model.
- Long lead-time vehicles — replacement may be faster than re-buying.
- EV-specific — battery defects often replaced with new battery + vehicle.
- Lease-protected pricing — replacement preserves the original lease terms.
When refund is better
- Brand-confidence damage — consumer wants to switch brands.
- Discontinued model — comparable replacement may not exist.
- Model-year transition — manufacturer changes affect “comparable” definition.
- Settlement leverage — cash settlement often more flexible.
Sales tax credit
Missouri allows sales tax credit on the original vehicle to offset tax on the replacement. Confirm with the dealer and Missouri DOR.
Bottom line
Replacement vs. refund is the manufacturer’s election under § 407.567 (“at its option”). In practice most cases resolve as a refund, and a replacement must be comparable and acceptable to the consumer — but the statutory choice between remedies belongs to the manufacturer, not the consumer.
Related
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Read → ArticleMMPA Damages — Missouri Punitive Damages Layer (Post-SB 591)
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Read → ArticleRefund (Buyback) Under Missouri Lemon Law
How Missouri Lemon Law refunds work under § 407.567 — full purchase price + tax + fees + incidental, minus reasonable use offset.
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