Lemon Law in Nebraska
- Lemon Law in Nebraska
- Introduction to Nebraska Lemon Laws
- Nebraska Lemon Law Qualifications
- Steps to Take if Your Vehicle is a Lemon
- Nebraska Lemon Law Arbitration Remedy
- Manufacturer’s Obligations Under NE Lemon Laws
- FAQ on Nebraska Lemon Laws
- What is a lemon vehicle?
- What is the Lemon Law in Nebraska?
- How long do I have to file a claim under the Nebraska Lemon Law?
- What steps should I take if I suspect that my vehicle is a lemon?
- How many attempts must the manufacturer be given to repair the defects?
- Do I need an attorney to file a claim under the Nebraska Lemon Law?
If you ever happen to find yourself thumbing through the Nebraska State Statues put together by their legislature you might want to take a gander at Chapter 60, Sections 2701 through 2709. This will be fascinating reading especially if you’re not happy with the new car you just bought.
Chapter 60 is where you’ll find the lawyerly explanation for Nebraska Lemon Laws. Fortunately, we can translate that legalese into understandable copy.
These are the basics: if you have a car that qualifies as an official lemon under Nebraska definitions, you have two options for getting your money back. Those options are submitting to what they call an informal arbitration or file a lawsuit against the car maker in court. First, you have to determine if your car really is a lemon.
Introduction to Nebraska Lemon Laws
Nebraska Lemon Laws are in place to protect consumers who purchase or lease new vehicles that turn out to have significant defects or mechanical problems. These laws provide a legal remedy for consumers who have experienced repeated issues with their new vehicle, despite attempts to repair the issues by the manufacturer or dealership.
In Nebraska, the Lemon Law applies to new cars, trucks, and motorcycles purchased or leased in the state. The law provides consumers with the right to have their vehicle replaced or refunded if it meets certain criteria.
It’s important to note that the Nebraska Lemon Law doesn’t apply to used vehicles or vehicles that have been leased or purchased outside of Nebraska. It’s also important to keep detailed records of any repairs and attempts to fix the issues with the vehicle, as this information will be crucial in making a lemon law claim.
Nebraska Lemon Law Qualifications
To qualify, the car needs to have been purchased in Nebraska and still needs to be under warranty. Additionally, the car can only be at least a year old from the date of purchase to the first notice you sent to the carmaker describing the problem. Nebraska Lemon Law covers any cars used for your family, your business or any other personal reasons. It can be any size of a car, a motorcycle, a semi-truck or even a leased auto. What it can’t be is a motor home.
For the sake of Nebraska law, you can call your car a lemon if your car has a defect that can be traced back to a manufacturing issue. This defect must be serious enough to send you back to your original dealer at least four times in an attempt to fix the problem. You also have a lemon if this one defect has caused you to be without the use of your car for up to 40 days or more.
Of course, there are some exceptions to these rules. If this defect is considered to be “life-threatening” there might not be the need to try and get it fixed four times. On the other hand, if your car is just making a funny noise that is driving you crazy, you just might be stuck with that noise.
Steps to Take if Your Vehicle is a Lemon
If you believe that you have purchased a lemon vehicle in Nebraska, there are certain steps that you should take to protect your rights as a consumer. The first step is to document all of your vehicle’s issues and repair attempts. This should include all dates, times, and descriptions of the problems as well as copies of any repair invoices. This information can be used as evidence in a lemon law claim.
Next, you should provide written notice to the manufacturer or dealer of the issues with your vehicle and request that they provide a repair or replacement. This notice should be sent via certified mail with the return receipt requested to ensure that you have proof of delivery.
If the manufacturer or dealer is unable to repair the vehicle after a reasonable number of attempts, you may be entitled to a refund or replacement vehicle under the Nebraska Lemon Law. It’s important to consult with a lemon law attorney who can help you understand your rights and options and guide you through the process.
Nebraska Lemon Law Arbitration Remedy
The most common approach Nebraska residents take to resolve their lemon issue is to go through an arbitration process that is sponsored by the courts, but you certainly don’t need a lawyer or legal background to work through this process.
The arbitration program is available to consumers who meet the following criteria:
- The vehicle in question is covered by the Nebraska Lemon Law
- The consumer has given the manufacturer a reasonable number of attempts to repair the defect
- The consumer has provided the manufacturer with written notice of the defect and given them a chance to repair it
Essentially you’ll be laying out your case in front of an impartial arbitrator. The carmaker has the option to defend themselves as well. It will then become the arbitrator who makes the final decision. Whatever that decision is the automaker must abide by it. On the other hand, if you reject that decision then you can take the automaker to court and sue for damages.
You’ll need to present evidence in the arbitration hearing about your lemon car. This can come in the form of mechanic estimates. Before this process can begin, you should have notified the automaker by certified mail and given them the chance to fix the problem. The more written details you can provide, the stronger your case will become.
If the arbitrator rules in your favor, you’ll be entitled to a full refund including any taxes, license or registration fees. Most arbitration cases can be wrapped up in less than 40 days once the process has officially begun.
Manufacturer’s Obligations Under NE Lemon Laws
If you have purchased a vehicle in Nebraska and the vehicle is not functioning as intended, you may be protected by the Nebraska Lemon Law. By law, the manufacturer is required to offer a refund or a replacement vehicle if your vehicle has a substantial defect or has been in the repair shop for an extended period of time without being fixed.
Under Nebraska Lemon Laws, the manufacturer must make a reasonable number of attempts to repair the vehicle before any action can be taken. The number of attempts can vary depending on the type of defect or problem with the vehicle. The law requires that the manufacturer must provide a warranty on the vehicle and that warranty must be followed.
If the manufacturer fails to meet these obligations, you may have a legal right to a refund or a replacement vehicle.
FAQ on Nebraska Lemon Laws
Here are some frequently asked questions about Nebraska Lemon Laws:
What is a lemon vehicle?
A lemon vehicle is a car, truck, or SUV that has serious defects that affect its safety, value, or use. These defects must be covered by the manufacturer’s warranty and must occur within a certain timeframe or mileage.
What is the Lemon Law in Nebraska?
The Nebraska Lemon Law is a consumer protection law that provides legal recourse for individuals who have purchased or leased a lemon vehicle. The law requires the manufacturer to either repair or replace the defective vehicle or provide a refund.
How long do I have to file a claim under the Nebraska Lemon Law?
In Nebraska, you have 4 years from the date of delivery of your vehicle to file a claim under the Lemon Law.
What steps should I take if I suspect that my vehicle is a lemon?
If you suspect that your vehicle is a lemon, the first step is to notify the manufacturer in writing and provide them with a reasonable opportunity to repair the defects. If the manufacturer fails to repair the defects after a reasonable number of attempts, you may be entitled to a refund or replacement vehicle.
How many attempts must the manufacturer be given to repair the defects?
Under the Nebraska Lemon Law, the manufacturer must be given a reasonable number of attempts to repair the defects. This is typically 4 attempts but may vary depending on the severity of the defects.
Do I need an attorney to file a claim under the Nebraska Lemon Law?
While it is not required to have an attorney to file a claim under the Nebraska Lemon Law, it is highly recommended. An experienced attorney can help you navigate the complex legal process and ensure that your rights are protected.