Nebraska Lemon Laws

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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.

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