Lemon Law - Nebraska
Lemon Law
Lemon Law - "Lemon
law" is that body of state law which defines an automobile
owners rights when the manufacturer is not able to repair the
automobile within the limits specified. In
such cases, the automobile is referred to as a "lemon",
and is subject to the conditions of the state lemon law.
Your Lemon Law:
Disclaimer:
These pages are created to inform and educate the public about lemon
law and under the lemon law in your state. They are not and
should not be considered legal opinions or advice as to whether you
have rights under lemon law or whether you should pursue "a
lemon law case". If after reading this information,
you believe you qualify, you should seek the advice and counsel of
an attorney specializing in lemon law in your state. Remember
that each state's lemon laws vary.
As used in sections 60-2701 to
60-2709, unless the context otherwise requires:
(1) 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;
(2) 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
(3) Manufacturer's express
warranty shall mean the written warranty, so labeled, of the
manufacturer of a new motor vehicle.
60-2702 Motor vehicle not
conforming to express warranties.
If 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.
60-2703 Manufacturer's duty to
replace vehicle or refund price.
If 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
(1) that an alleged
nonconformity does not substantially impair such use and market
value or
(2) that a nonconformity is
the result of abuse, neglect, or unauthorized modifications or
alterations of a motor vehicle by a consumer.
60-2704 Attempts to conform
motor vehicle to warranties.
It shall be presumed that a
reasonable number of attempts have been undertaken to conform a
motor vehicle to the applicable express warranties, if
(1) 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
(2) 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.
60-2705 Dispute settlement
procedure.
The 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.
60-2706 Statute of limitations.
Any 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.
60-2707 Attorney's fees; when
allowed.
In 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
the consumer.
60-2708 Sections, how construed.
Nothing 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.
60-2709 Applicability of
sections.
Sections 60-2701 to 60-2709 shall
apply to motor vehicles beginning with the manufacturer's 1984 model
year.
