Nebraska Lemon Law Attorneys:
Alex Simanovsky & Associates, Llc
Free Lemon Law Help, Serving all of Nebraska Toll Free: 866-86-lemon 866-865-3666
Standards Of The Nebraska Lemon Law
Vehicles Covered
The Nebraska lemon law covers a new motor vehicle that is sold in Nebraska. A new motor vehicle is any motor vehicle that has not been sold, bargained, exchanged, or given away, or for which title has not been transferred from the person who first acquired it from the manufacturer, importer, dealer, or agent of the manufacturer or importer.
The lemon law does not cover self-propelled mobile homes.
Guidance from the Nebraska Department of Motor Vehicles indicates that the lemon law applies to any motor vehicle less than two years old, and would therefore cover used vehicles. (Also see the reasonable allowance for use).
Consumers Covered
The lemon law covers any of the following:
- The purchaser, other than for purposes of resale, of a motor vehicle normally used for personal, family, household, or business purposes;
- Any person to whom the motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to the vehicle; and
- Any other person entitled by the terms of the warranty to enforce its obligations.
Guidance from the Nebraska Department of Motor Vehicles indicates that a lessee would be included within the definition of “consumer”.
Vehicle Converters
Vehicle Problems Covered
Manufacturer's Duty To Repair The Vehicle
Manufacturer's Duty To Repurchase Or Replace A Vehicle
Reasonable Number Of Repair Attempts
The Nebraska lemon law establishes a presumption that a reasonable number of repair attempts has been made if either of the following occurs within the term of manufacturer’s written new-vehicle warranty or during the period of one year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date:
- The same nonconformity has been subject to repair 4 or more times by the manufacturer, its agents, or authorized dealers, but the nonconformity continues to exist; or
- The motor vehicle is out of service for repairs for a cumulative total of 40 or more days.
The manufacturer’s written new-vehicle warranty term, the one year period and the forty day period are extended by any period of time during which repair services are not available to the consumer because of war, invasion or strike, or fire, flood or other natural disaster.
Notice And Opportunity To Repair
Dispute Resolution
Time Period For Filing Claims
Remedies Under The Nebraska Lemon Law
Repurchase
The Nebraska lemon law provides that a manufacturer must pay the following amounts when it repurchases an owned motor vehicle under the lemon law:
- Full purchase price of the vehicle; and
- All sales taxes, license fees and registration fees, and any similar government charges;
- Less a reasonable allowance for the consumer’s use of the vehicle.
Guidance from the Nebraska Department of Motor Vehicles indicates that the Department of Revenue will not refund taxes or fees to consumers.
The Nebraska lemon law provides that a reasonable allowance for the consumer’s use of the vehicle is the amount directly attributable to use by the consumer and any previous owner prior to his or her first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair.
Refunds are made to the consumer and lienholder, if any, as their interests may appear.