50-648. Purchase of motor vehicle voided; consumer remedies.
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/ks/chapter-50/50-648A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
50-648. Purchase of motor vehicle voided; consumer remedies.
(a)Any consumer who has purchased a motor vehicle from a supplier and who proves:
(1)That any of the acts declared to be a violation of K.S.A. 21-5835 , and amendments thereto, have taken place; and
(2)that the mileage or use of the motor vehicle is materially different from that shown on the vehicle's odometer shall be entitled to a declaration from the court that the purchase of the motor vehicle 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 recovery shall 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 set off; or
(3)the civil penalties in K.S.A. 50-651 , and amendments thereto.
(c)The consumer may recover reasonable attorney fees, if the consumer prevails in an action against the supplier under this section.