What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

The statute applies to motor vehicles purchased by consumers as new which were sold in Nebraska.*

*The terms new and used motor vehicles are defined in Neb. Rev. Stat. §601401.02.

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

A new motor vehicle normally used for personal, family, household, or business purposes, excluding motor homes.

4 repair attempts or 40 days out of service.

Warranty period or 1 year.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Under What Conditions Can A Consumer Use The Lemon Law?

Mon, 04 Jun 2007 21:51:22 GMT

If the motor vehicle does not conform to the applicable express warranty, and under the warranty the manufacturer`s agents or authorized dealer are unable to fix the motor vehicle under the express warranty after reasonable attempts at repair. Reasonable repair attempts are: (1) The consumer must have taken the vehicle to the dealer four or more times for repair of the SAME problem or (2) The consumer must have been without the use of the vehicle for 40 or more days total. In addition, the consumer MUST give the manufacturer written direct notification by certified mail and an opportunity to cure the alleged defect.

If the consumer`s vehicle qualifies as a lemon, where does the consumer contact the manufacturer in writing?

What Are The Time Limots For A Consumer To Take Action Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

An action under the Lemon Law must be started by a written notice to the manufacturer within (1) one year after the expiration of the express warranty or (2) within two years of the date of the original delivery of the motor vehicle to a consumer, WHICHEVER IS THE EARLIER DATE.

What Happens After A Consumer Sends Written Notice Of The Problem By Certified Mail To The Manufacturer?

Tue, 29 May 2007 21:19:00 GMT

Most manufacturers have developed an informal dispute resolution process which is triggered by the written notice from the consumer. Under the rules and regulations, the manufacturer has 40 days respond to the written complaint and render a decision. The manufacturer`s representative may meet with the consumer by telephone or in person, if both parties agree to do so before rendering a decision. The manufacturer may delay a decision if the consumer failed to provide necessary information in the written notice. If the manufacturer and consumer settle the dispute or come to an agreement and agree on specified reasonable time for performing the agreement, then that is the end of the matter.

If there is no agreement or settlement, or if the manufacturer has no informal dispute resolution process, a consumer may sue the manufacturer of the vehicle in a state court to get a refund or a replacement vehicle. The consumer must hire a private attorney to represent him or her in a lawsuit, if he or she wants legal representation. If the consumer proves in court that his or her vehicle is a lemon, a judge may order the manufacturer to refund the full purchase price including sales tax, license and registration fees, less a reasonable allowance for use of the vehicle by the consumer. A consumer who wins may also be awarded reasonable attorney`s fees by the court.

In defense of a lemon law claim by a consumer, a manufacturer is allowed to argue that the problem does not substantially impair the use or market value of the vehicle or that the problem is a result of abuse, neglect, or unauthorized modifications of the vehicle by the consumer.

What Information Should Be Included In The Written Notice?

Tue, 29 May 2007 21:19:00 GMT

Be sure to include your name and address; a description of the problem; year, make, and model and vehicle identification number (VIN) of the vehicle.

What Is A Lemon?

Tue, 29 May 2007 21:19:00 GMT

Generally, a lemon is a new motor vehicle which has a defect or condition which substantially impairs the use and market value of the vehicle to the consumer and cannot be repaired after reasonable attempts.

What Is An Express Warranty?

Tue, 29 May 2007 21:19:00 GMT

The written warranty for the vehicle, so labeled, of the manufacturer for a new motor vehicle.

What Vehicles Are Not Covered By The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Vehicles sold as used, trailers, and selfpropelled mobile homes.*

*The terms new and used motor vehicles are defined in Neb. Rev. Stat. §601401.02.

Where Can I Get More Information About The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Nebraska Department of Motor Vehicles
Legal Division
P.O. Box 94789
301 Centennial Mall South
Lincoln, NE 685094789
4024719593

Nebraska State Bar Association
PO Box 81809, Lincoln, NE 685011809
4024757091 or 8007423005
www.nebar.com

Council of Better Business Bureaus
8009555100

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
www.autosafety.org
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (http://cartalk.cars.com/Tools/carreport.pl) on your car, to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW, Washington, DC 20590
Auto Safety Hotline: 8004249393
NHTSA can give you information on the safety recall history of your vehicle.

Who Is A Consumer Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Consumer means a purchaser, other than for purposes of resale, of a motor vehicle normally used for personal, family, household, or business purposes, any person to whom such motor vehicle is transferred for the same purposes during the duration of an express warranty which applies to the vehicle, and any other person entitled by the terms of the warranty to enforce the obligations of the warranty.

Free Lemon Law Attorney FAQs

Sun, 29 Nov 2009 17:05:26 GMT

Free Lemon Law Attorney FAQs