Lemon Law - Nevada
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 NRS 597.600 to 597.680,
inclusive, unless the context otherwise requires:
1. "Buyer" means:
(a) A person who purchases
or contracts to purchase, other than for purposes of resale, a motor
vehicle normally used for personal, family or household purposes.
(b) Any person to whom the
motor vehicle is transferred during the time a manufacturer's
express warranty applicable to the motor vehicle is in effect.
(c) Any other person
entitled by the terms of the warranty to enforce its obligations.
2. Except as otherwise
provided in this subsection "motor vehicle" has the
meaning ascribed to it in NRS 482.075. The term does not include
motor homes or off-road vehicles except for the purposes of NRS
597.680.
597.610 Report of defect in
motor vehicle; duty of manufacturer.
If a new motor vehicle does not
conform to all of the manufacturer's applicable express warranties
and the buyer reports the nonconformity in writing to the
manufacturer:
1. Before the expiration of
the manufacturer's express warranties; or
2. No later than 1 year
after the date the motor vehicle is delivered to the original buyer,
whichever occurs earlier, the manufacturer, its agent or its
authorized dealer shall make such repairs as are necessary to
conform the vehicle to the express warranties without regard to
whether the repairs will be made after the expiration of the express
warranty or the time described in subsection 2.
597.620 Submission of claim.
To manufacturer for replacement or
refund according to designated procedure.
If the manufacturer has established
or designated a procedure for settling disputes informally which
substantially complies with the provisions of Title 16 of the Code
of Federal Regulations, Part 703, a buyer must first submit his
claim for replacement of the motor vehicle or for refund of the
purchase price under that procedure before bringing any action under
NRS 597.630.
597.630 Duties of manufacturer
If motor vehicle cannot be
conformed to express warranties.
1. If, after a reasonable
number of attempts, the manufacturer, or its agent or authorized
dealer is unable to conform the motor vehicle to any applicable
express warranty by repair or correction and the defect or condition
causing the nonconformity substantially impairs the use and value of
the motor vehicle to the buyer and is not the result of abuse,
neglect or unauthorized modifications or alterations of the motor
vehicle, the manufacturer shall:
(a) Replace the motor
vehicle with a comparable motor vehicle of the same model and having
the same features as the replaced vehicle, or if such a vehicle
cannot be delivered to the buyer within a reasonable time, then a
comparable motor vehicle substantially similar to the replaced
vehicle; or
(b) Accept return of the
motor vehicle from the buyer and refund to him the full purchase
price including all sales taxes, license fees, registration fees and
other similar governmental charges, less a reasonable allowance for
his use of the vehicle. A reasonable allowance for use is that
amount directly attributable to use by the buyer before his first
report of the nonconformity to the manufacturer, agent or dealer and
during any subsequent period when the vehicle is not out of service
for repairs. Refunds must be made to the buyer, and lien holder if
any, as their interests may appear.
2. It is presumed that a
reasonable number of attempts have been undertaken to conform a
motor vehicle to the applicable express warranties where:
(a) The same nonconformity
has been subject to repair four or more times by the manufacturer,
or its agent or authorized dealer within the time the express
warranty is in effect or within 1 year following the date the motor
vehicle is delivered to the original buyer, whichever occurs
earlier, but the nonconformity continues to exist; or
(b) The motor vehicle is out
of service for repairs for a cumulative total of 30 or more calendar
days within the time the express warranty is in effect or within 1
year following the date the motor vehicle is delivered to the
original buyer, whichever occurs earlier, except that if the
necessary repairs cannot be made for reasons which are beyond the
control of the manufacturer or its agent or authorized dealer, the
number of days required to give rise to the presumption must be
appropriately extended.
597.640 Tolling of period for
express warranties.
For the purposes of NRS 597.600 to
597.670, inclusive, the running of the time an express warranty is
in effect or of any other period of time described in those sections
is tolled for the time during which services to repair the motor
vehicle are not reasonably available to the buyer because of a war,
invasion or strike, or because of a fire, flood or other natural
disaster.
597.650 Commencement of action
by buyer.
Any action brought pursuant to NRS
597.600 to 597.630, inclusive, must be commenced within 18 months
after the date of the original delivery of the motor vehicle to the
buyer.
597.660 Waiver of rights by
buyer prohibited.
Any provision in any agreement
between the manufacturer or its agent or authorized dealer and the
buyer which provides that the buyer agrees to waive or forego any
rights or remedies afforded by NRS 597.600 to 597.630, inclusive, is
void.
597.670 Effect of other rights
and remedies of buyer.
The provisions of NRS 597.600 to
597.630, inclusive, do not limit any other right or remedy which the
buyer may have by law or by agreement.
597.675 Notification of
manufacturer regarding change in residential address.
Any person entitled by the terms of
a manufacturer's express warranty to enforce its obligations is
responsible for notifying the manufacturer of any change in his
residential address.
597.680 Reimbursement by
manufacturer for cost of repairs to conform vehicle to express
warranties.
The manufacturer shall reimburse
its agent or authorized dealer for the cost of repairs made to a
motor vehicle to conform it to the manufacturer's express
warranties. The reimbursement must be paid at the rate usually
billed by the agent or dealer to the general public for similar
repairs.
597.690 Manufacturer required to
remedy defects in vehicle related to safety without charge.
1. Every manufacturer of a
vehicle who furnishes notification to the registered owner of the
vehicle of any defect in the vehicle related to vehicle safety
shall, notwithstanding the limitations of any warranty relating to
such vehicle, correct such defect at the manufacturer's expense and
without charge to the registered owner of the vehicle if the vehicle
is returned to any vehicle dealer franchised by the manufacturer to
market the vehicle, or, at the election of the manufacturer,
reimburse the registered owner for the actual cost of making such
correction.
2. This section does not
require a vehicle dealer to make the required correction if the
manufacturer has failed to make available to the dealer the parts
needed to make the correction.
