When purchasing a vehicle, the last thing anyone wants is to end up with a “lemon.” However, if you do find yourself in this unfortunate situation, it’s essential to understand your rights and options under the Nebraska Lemon Law. This comprehensive guide aims to clarify the intricacies of Nebraska’s Lemon Law, helping consumers navigate the complexities and successfully address their lemon-related issues.
Defining a Lemon Vehicle in Nebraska
To begin, let’s define what constitutes a lemon vehicle under NE Lemon Law. A “lemon” refers to a new vehicle that exhibits a significant defect or issue that cannot be fixed after a reasonable number of repair attempts. Nebraska’s Lemon Law specifically covers new vehicles, including passenger cars, trucks, motorcycles, and recreational vehicles (RVs) that are purchased, leased, or registered in the state of Nebraska.
Lemon Law Coverage Period and Eligibility
The coverage period for Nebraska’s Lemon Law extends to one year from the original delivery date of the vehicle or the first 12,000 miles of use, whichever occurs first. To qualify for protection under the law, your vehicle must meet the following criteria:
- The defect or issue must be covered under the manufacturer’s warranty.
- The defect or issue must substantially impair the vehicle’s use, market value, or safety.
- The defect or issue must not be the result of abuse, neglect, or unauthorized modifications to the vehicle.
Manufacturer’s Responsibility under NE Lemon Law
Under Nebraska’s Lemon Law, vehicle owners are required to report any defects or issues to the manufacturer or its authorized dealer within the coverage period. Upon receiving the report, the manufacturer has a reasonable opportunity to repair the vehicle. A reasonable number of repair attempts is defined as follows:
- Four or more repair attempts for the same defect or issue without success.
- Two or more repair attempts for a defect or issue that poses a serious risk to the vehicle’s occupants without success.
- The vehicle is out of service for a cumulative total of 40 days or more due to defects or issues.
If the manufacturer is unable to repair the vehicle after a reasonable number of attempts, they must either replace the vehicle with a comparable one or provide a refund of the purchase price, including sales tax, license fees, and other applicable charges.
Filing a Lemon Law Claim in Nebraska
If your vehicle meets the criteria for a lemon, and the manufacturer has not provided a satisfactory resolution, you can pursue a Lemon Law claim. To file a claim, follow these steps:
- Gather all relevant documentation, including repair orders, invoices, and correspondence with the manufacturer or authorized dealer.
- Send a certified letter to the manufacturer notifying them of your intent to pursue a Lemon Law claim. Include details about the vehicle’s defects or issues and the repair attempts.
- If the manufacturer does not respond within a reasonable time or refuses to provide a remedy, consider hiring an attorney experienced in Lemon Law cases or filing a complaint with the Nebraska Attorney General’s Office.
Lemon Law Dispute Resolution
Many manufacturers offer arbitration programs to resolve Lemon Law disputes. These programs may be required before pursuing a lawsuit. Arbitration provides a faster and less expensive alternative to court proceedings, with an impartial third party making a decision on the case.