Lemon Law Basics: Nebraska Lemon Laws
Summary of Nebraska lemon law
What vehicles are covered under Nebraska lemon law?
Nebraska lemon law covers new vehicles that are sold in the state. Motor
homes are not covered by Nebraska lemon law, nor are leased vehicles.
What problems are covered by Nebraska lemon law?
Nebraska lemon law states that if a vehicle has a serious defect that
affects its use, value, or safety, the manufacturer must repair it at
no cost so long as it is reported within the warranty period or the first
year of ownership. An exception is made if the nonconformity is the result
of neglect or modification by the owner. If a manufacturer has had a reasonable
chance to repair the nonconformity but it continues to exist, the manufacturer
must replace or repurchase the vehicle.
Under Nebraska lemon law, the manufacturer is presumed to have had a
reasonable chance to repair the nonconformity if the vehicle has been
out of commission for repairs for a cumulative total of 40 days, or if
there have been four unsuccessful attempts to repair the same problem.
The manufacturer must be given written notice of the nonconformity for
this presumption to apply.
Filing a claim under Nebraska lemon law
Before filing a Nebraska lemon law claim with the judiciary system, the
consumer must first attempt to use the manufacturer's informal settlement
process. The claim must be filed within one year of the expiration of
the warranty period or two years after taking possession of the vehicle,
whichever comes first.
What settlements are possible under Nebraska lemon law?
If a manufacturer repurchases a vehicle under Nebraska lemon law, the
consumer must receive a sum that includes the full purchase price of the
vehicle and all government charges like tax, tags, and registration. A
reasonable offset for the actual amount that can be attributed to the
consumer's use of the vehicle may be subtracted from this total.
If a vehicle is replaced under Nebraska lemon law, the new vehicle must
be of comparable model and value as the original. No usage offset applies
to a replaced vehicle.
|