Nebraska Lemon Law Statutes...
Nebraska Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to Nebraska consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RV's, boats, computers and other consumer appliances and products. To qualify under the Nebraska Lemon Law or the Federal Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturer's factory warranty. Lemon Law compensation can include a refund, replacement or cash
Nebraska State Statutes
Revised Statutes, 60.2701 to 60.2709
used in sections 60-2701 to 60-2709, unless the context otherwise requires:
Consumer shall mean 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 such motor vehicle is transferred for the same purposes during
the duration of an express warranty applicable to such motor vehicle, and any
other person entitled by the terms of such warranty to enforce the obligations
of the warranty;
Motor vehicle shall mean a new motor vehicle as defined in section 60-1401.02
which is sold in this state, excluding self-propelled mobile homes as defined in
section 60-301; and
Manufacturer's express warranty shall mean the written warranty, so labeled, of
the manufacturer of a new motor vehicle.
Motor vehicle not conforming to express warranties.
a motor vehicle does not conform to all applicable express warranties, and the
consumer reports the nonconformity to the manufacturer, its agent, or its
authorized dealer during the term of such express warranties 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 manufacturer, its agent, or
its authorized dealer shall make such repairs as are necessary to conform the
vehicle to such express warranties, notwithstanding the fact that such repairs
are made after the expiration of such term or such one-year period.
Manufacturer's duty to replace vehicle or refund price.
the manufacturer, its agents, or authorized dealers are unable to conform the
motor vehicle to any applicable express warranty by repairing or correcting any
defect or condition which substantially impairs the use and market value of the
motor vehicle to the consumer after a reasonable number of attempts, the
manufacturer shall replace the motor vehicle with a comparable motor vehicle or
accept return of the vehicle from the consumer and refund to the consumer the
full purchase price including all sales taxes, license fees, and registration
fees and any similar governmental charges, less a reasonable allowance for the
consumer's use of the vehicle. Refunds shall be made to the consumer and lien
holder, if any, as their interests may appear. A reasonable allowance for use
shall be that 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. It shall be an affirmative defense to
any claim under sections 60-2701 to 60-2709
that an alleged nonconformity does not substantially impair such use and market
that a nonconformity is the result of abuse, neglect, or unauthorized
modifications or alterations of a motor vehicle by a consumer.
Attempts to conform motor vehicle to warranties.
shall be presumed that a reasonable number of attempts have been undertaken to
conform a motor vehicle to the applicable express warranties, if
the same nonconformity has been subject to repair four or more times by the
manufacturer, its agents, or authorized dealers within the express warranty term
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, but such
nonconformity continues to exist or
the vehicle is out of service by reason of repair for a cumulative total of
forty or more days during such term or during such period, whichever is the
earlier date. The term of an express warranty, such one-year period, and such
forty-day period shall be extended by any period of time during which repair
services are not available to the consumer because of a war, invasion, or
strike, or fire, flood, or other natural disaster. In no event shall the
presumption provided in this section apply against a manufacturer unless the
manufacturer has received prior written direct notification by certified mail
from or on behalf of the consumer and an opportunity to cure the defect alleged.
Dispute settlement procedure.
Director of Motor Vehicles shall adopt standards for an informal dispute
settlement procedure which substantially comply with the provisions of 16 C.F.R.
part 703, in existence as of February 22, 1983. If a manufacturer has
established or participates in a dispute settlement procedure certified by the
Director of Motor Vehicles within the guidelines of such standards, the
provisions of section 60-2703 concerning refunds or replacement shall not apply
to any consumer who has not first resorted to such a procedure.
Statute of limitations.
action brought under sections 60-2701 to 60-2709 shall be commenced within (1)
one year following the expiration of the express warranty term or (2) two years
following the date of original delivery of the motor vehicle to a consumer,
whichever is the earlier date.
Attorney's fees; when allowed.
any action brought under sections 60-2701 to 60-2709 the court shall award
reasonable attorney's fees to the prevailing party if the prevailing party is
Sections, how construed.
in sections 60-2701 to 60-2709 shall in any way limit the rights or remedies
which are otherwise available to a consumer under any other law.
Applicability of sections.
60-2701 to 60-2709 shall apply to motor vehicles beginning with the
manufacturer's 1984 model year.