As most people know, lemon purchases are incredibly common in this day and age. You may be a purchaser of a lemon if your recently bought car is acting up. Luckily, most major cities in the United States have Lemon Law attorneys that can help you with the legal pro-cess if you find yourself behind the wheel of a lemon.
Does Nebraska Have a Lemon Law?
You may be relieved to find out that most states offer legal services in the unfortunate event that someone purchases a car that is not working properly. This is because it happens so often in many different places. Be sure to read up on the details of your particular state so you will be informed on the Lemon Law for your area.
What is Lemon Law in Nebraska?
Nebraska Revised Statutes, 60.2701 to 60.2709
60-2701 Terms, defined.
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.
When does a vehicle qualify as a Lemon in Nebraska?
As with most legal issues, the details vary from state to state. If you do some research on Lemon Law in Nebraska, you should be able to tell whether your new car will qualify as a lemon. However, if you are having doubts or are confused about the details, feel free to contact one of our expert Lemon Law attorneys in your area. We have the bene-fit of years of experience representing the auto manufacturing companies and we know what they are looking for. This experienced allow us to consult with a high level of confidence and commitment to winning your case.
The best way to reach us quickly is by calling our customer service line at (888)353-0456. If you would rather contact our attorneys via the internet, check out our website. Head over the contact page to fill out a form and we will get back to you as quickly as possible.
Is a used car covered under Nebraska Lemon Law?
As mentioned above, Lemon Laws are different from state to state, and they are always changing to fit with the current times. Currently, most used cars do not qualify as lemons but there are exceptions. For example, if your recently purchased used car has an active warranty, you may be able to seek legal action to move forward in a lemon case. If your car is brand new, it will be a bit easier to find an attorney to work with on your case.
When do I need a Nebraska based Lemon Law Attorney?
After you have noticed particular issues with your car, do some research on Lemon Law in Nebraska to determine whether or not your car qualifies as a lemon. If you have determined that it does indeed qualify, consult with one of our attorneys immediately. If you are unsure, it is still a good idea to reach out to an expert Lemon Law attorney to make that decision for you. Lemon Law can be confusing to navigate, so it is important to have an expert on your side during the process.
How do Lemon Law Attorneys in Nebraska protect my rights?
If you are not a practicing attorney, chances are you do not know the ins and outs of the Lemon Law system. Our attorneys hold the task of informing you of your legal rights and protecting them thoroughly in high esteem.
Each Lemon Law case is different from the next, so there are many different ways to approach them. Our attorneys are trained to know the best approach for each unique situation and to help our clients get the best possible outcome from an unfortunate situation.
How long do Lemon Law cases in Nebraska typically take to get resolved?
As with most legal cases, Lemon Law cases are unpredictable. There is not a set time or a deadline to work within. However, after initial consultation, our attorneys will be able to give you a rough estimate of the time frame of your Lemon Law Case.
Our expert Lemon Law attorneys are trained and expected to keep our clients informed. Whether your case takes a couple weeks or several months, you can rest assured knowing that our attorneys will communicate with you every step of the way. You will not be left wondering.
How much will an Nebraska Lemon Attorney cost to hire?
Auto manufacturers are rightfully responsible for all accrued fees during a Lemon Law case. Even if your case is not as successful as you had hoped, you will not be responsible for any of the finances involved in your case.
What are some of the areas that that Lemon Law Lawyers in Nebraska cover?
When you have determined that you have a lemon on your hands and you are ready to move forward, take a look at some of the cities we work in. We are available in the major cities listed below and several others:
- Grand Island
- North Platte
- La Vista
- South Sioux City
- Nebraska City
Do not try to find your way to the end of this Lemon Law maze alone. Our expert attorneys are ready and willing to protect your legal rights and stand by your side every step of the way to get you the best possible outcome.