Nebraska Lemon Law Firms:
This is a list of law firms that are registered as specializing in Nebraska lemon law cases.

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.

Although it varies from state to state, the Lemon Laws state that if you acquire (and in some states, lease) a brand new or used car or other car covered by a manufacturer's warranty that is extremely unreliable, and the manufacturer just can't repair it even with persistent attempts (inside a designated time that varies from state to state), or if the motor vehicle is in the shop for a limited period of time (typically 30 days) because of its faults, you are eligible to a broad range of breaks, including:

1. Monetary damages
2. A repayment of the cost
3. A new car
In addition, almost all of the Lemon Laws (and the Federal Warranty Law) feature a fee shifting mechanism that says that if you win your case, the original producer or dealership which sold you your lemon is expected to repay you for legal invoices.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Even though the verbiage of each state's statute are different, the typical state Lemon Law statute affords aid for buyers with a unsound auto sold with a warranty if:

1. The dealer or original producer cannot actually fix a specific flaw in the car after a reasonable number of repair attempts (generally at least 3);
2. The motor vehicle cannot be driven for at least 30 days due to problems in the car; or
3. The dealer or original producer just can not repair a failing that is a important safety risk.

By and large, a faulty motor vehicle is a motor vehicle with a condition or condition that often impairs its function, value, or safety to the consumer and doesn't comply with the written warranty. Typically, the period of time in which the Lemon Laws apply are rather short; the troubles and resulting repair attempts (or out-of-service time period) occasionally must occur during the first 2-years or 24,000 miles of consumer ownership of the car. However, a number of states have even shorter time periods. Additionally, many states have notice and trigger prerequisites, such as expecting the consumer to give registered mail notice to the manufacturer of the faults and giving the dealer an option to remedy the motor vehicle. Furthermore, numerous states require that Lemon Law claims be resolved through an arbitration procedure.

Generally, state Lemon Law regulation codes also apply to leased cars and preowned automobiles bought whilst under the manufacturing business* basic warranty. A number of state Lemon Laws also apply to automobiles other than passenger automobiles. depending on the buyer's home residence, or the state where the consumer purchased the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer goods (such as televisions)
There are many powerful solutions possible under the Lemon Laws. Often times, if the manufacturer just can't correct the car, the consumer may either call for the manufacturer to replace the automobile, or make the original equipment manufacturer to take back the automobile and return the original cost along with accompanying costs, such as all invoices, towing costs, repair charges, alternative transportation costs and other damages incurred by the consumer as a result of the problems in the automobile. Another important relief possible under most Lemon Laws is litigation expenses. In most states, if you prevail in a Lemon Law case, you won't have to pay any laywers' charges-the motor vehicle maker that sold you your lemon is forced to pay legal invoices.

The defendant auto original maker can assert assorted defenses to a Lemon Law claim. The average regulation provides that the original producer is not responsible if it can demonstrate that the faults in question came about because of misdeed, disregard, or the alteration or modification of a auto by anybody other than the maker, its agent, or its authorized dealer. Put differently, if the consumer dismantles his or her own vehicle, or the faults were the fault of tampering or adjustments conducted by an unauthorized dealer, the maker might not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer merchandise warranties. Signed by Congress in 1975, the Magnuson Moss Act requires manufacturing business and dealers of consumer commodities to provide customers explanatory information about warranty coverage. Also, it infects both the rights of consumers and the obligations of warrantors under original warranties.

Even though the Magnuson Moss Act doesn't call for an motor vehicle manufacturing business to furnish purchasers with a warranty, if a warranty is furnished, the Magnuson Moss Act offers many protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for breach of warranty by making breach of warranty a violation of federal law, and by allowing consumers to recuperate litigation costs and fair attorney's fees.

The Magnuson Moss Act is often helpful in a lemon suit where, for some reason, a state Lemon Law claim is not available or furthermore unfit. For instance, contrary to the rather short cycle offered to purchasers inside many Lemon Laws, you can file a claim for breach of warranty after the warranty period has passed if the problems occured during the warranty period. Additionally, although some Lemon Laws restrict their coverage benefits to a very specific group of vehicles, the Magnuson Moss Act is relevant to virtually all consumer goods. The Magnuson Moss Act could also apply if you purchased or leased a preowned car without a manufacturing business warranty, or if the car is covered by a service agreement or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in all 50 American States. It is the main foundation of law regulating consumer warranties, including automobiles and other items. The UCC provides a legal avenue for customers with lemon problems.

UCC code stipulates that the buyer of a product is entitled to return merchandise which fail in any aspect to the agreement. Basically, if your recently purchased car doesn't function as bound by the original equipment manufacturer (your written warranty is part of your consumer warranty), you may have a claim referencing the UCC in addition to whatever additional claims you may have.

The time period for rejecting a motor vehicle with the UCC is not unlimited. If you detect a deficiency in your car inside a reasonable review period, you can return the car. Unfortunately, brand new cars are oftentimes technically enigmatic and you may not understand whether your item conforms to the contract until after you buy the item and problems start to develop. Fundamentally, if After this review time period you do not reject the vehicle, you will be deemed to have accepted it and will have no claim through the UCC.

The duration of the review time period is not outlined in the statute. The Courts decide how long the sensible review period is based on the purchaser's familiarity and personal experience, the purchaser's trouble in happening upon the failing, and the purchaser's opportunity to find the failing.

In spite of this limit, the UCC says that in certain examples where a consumer is pronounced to have accepted goods (i.e. the sensible review time period has passed), a consumer may still disclaim his acceptance of those products where the non-conformity substantially impares the value of the products to him. Those instances include circumstances in which it was toilsome to reveal the nonconformity or the consumer was told that the non-conformity would be repaired. Put differently, the local court will relieve the consumer from not rejecting the products where the consumer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a car excessively breaks and you have to keep taking it back to the car dealership for repair under the warranty, the motor vehicle lemon law might be your next course. The failing should be substantial in which it hampers your driving the automobile or your safety. A automobile stalling frequently would be a substantial failing. This is precisely the type of condition that may hamper your driving and your safety. Under the auto lemon law you are not required to demonstrate why the vehicle is stalling, you simply have to prove that it is stalling. Put simply you need to check into the lemon law in these three situations: the vehicle keeps dying inside the warranty time period, the vehicle is a safety hazard, the car dealership is not able to fix the vehicle when it is guaranteed.

If you own a car which is a lemon you can directly write to the manufacturer and ask for a replacement car. If this request is not acceptable to the manufacturer, you could start into an arbitration program. A few manufacturers use their own arbitration process. Other manufacturers use external arbitration program such as Autoline by the Better Business Bureau. The assessment of the arbitrators is binding on the manufacturer but not on the consumer. If unsatisfied with the recommendation, the consumer can take the manufacturer to court.

Virtually all ordinances provide that the customer must be restored back to the financial position they were in prior to purchasing the motor vehicle, less the measure that the customer gained from by using the motor vehicle. To get the repayment sum various factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new pre-owned motor vehicles may qualify under regular lemon laws. For example, a pre-owned vehicle might fall under regular lemon laws if it is less than a year old and has less than 12,000 miles on the odometer. States that do have a pre-owned car lemon law might be more generous with the age and amount of mileage. Still, the car has to be sold by a dealer that provides a warranty. Personal sales are not involved, neither are automobiles sold under a specific original cost. There could be additional restrictions to a used car lemon law such as the functions in which the motor vehicle is driven or the classification of motor vehicle. Vintage cars, are commonly excluded from pre-owned car lemon laws. Used car lemon laws ordinarily cover a much shorter period than new car regulations. They often range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When selecting a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the regulations that are applicable to your state. Also enquire about the fee structure. Many lemon law lawyers require a rather humble retainer to manage a lemon law claim, and thereafter, the lawyer's invoices are charged to the original equipment manufacturer. Fundamentally, lemon law claims are typically very affordable to consumers. The reimbursement of attorney invoices differs from state to state. About one-half of the states allow for you to recover your Lawyer bills if you win. The attorney's fee is based on actual time logged instead of being bound to any percent of the recuperation. In many States, you have to pay the manufacturer's attorney's bills if you lose.

Consumers ought to register their concerns in writing and hold a copy. In all written correspondence, always make clear how problematic it is to take the vehicle to the car dealership for repairs and that the reliableness that the customer believed She was getting has been non-existent. Any written correspondence with a car dealership or original equipment manufacturer must be sent using certified mail service. In almost all suits the manufacturers claim that they have not had the essential number of endeavors to correct the condition. They rely on the fact that the customer doesn't file repair sheets for each occurance they have brought the motor vehicle into the repair facility. They also count on the possibility that the repair sheets have seperate items repaired each instance establishing that they have not repaired the same problem. Consumers ought to reply by requiring that dealers always send them a warranty repair order. Consumers must also indicate that these unrecorded trips are tries.

Make sure to be mindful of your rights under the lemon laws. Upon purchase, immediately read your owner's folder and warranty principles entirely, and the info concerning lemon law rights that you should receive when you purchase your vehicle. Don't count on your dealer to tell you which problems are covered by warranty. If your dealer states that a problem isn't covered and you believe that she is decieving you, be calm but confident. Don't be scared to go over the part of the warranty that applies, or to call the original equipment manufacturer for confirmation utilizing the contact data included in your owner's folder. You should not have to pay for work related to lemon law complaints. It's also important to notify the original equipment manufacturer of a complaint as soon as possible. If you think that your car has a condition that cannot be repaired, look into your lemon law rights to see when you are able to file a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

Nebraska Cities:
Choose your City/Zipcode