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.

Basically, the Lemon Laws provide that if you purchase (and in many states, lease) a new or pre-owned vehicle or other car with a manufacturer's warranty that proves to be defective, and the original equipment manufacturer can't restore it despite duplicated efforts (in a specified time limit that fluctuates from state to state), or if the motor vehicle is in the shop for a fixed period of time (generally 30 days) due to its troubles, you are entitled to a broad range of breaks, including:

1. Money damages
2. A repayment of the original price
3. A new automobile
In addition, almost all the Lemon Laws (and the Federal Warranty Law) contain a fee changing component which says that if you win your lawsuit, the original equipment manufacturer or dealer that sold you the lemon is required to repay you for litigation fees.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has its own Lemon Law statute. Even though the verbiage of each state's statute are distinct, the average state Lemon Law statute affords compensation for owners with a impared automobile sold with a warranty if:

1. The dealer or original equipment manufacturer just can not accurately repair a particular gremlin in the motor vehicle after a reasonable number of repair tries (ordinarily at least three);
2. The vehicle can't be used for at least 30 days due to troubles in the vehicle; or
3. The car dealership or original equipment manufacturer cannot fix a problem that is a crucial safety risk.

In general, a bad automobile is a automobile with a problem or affliction that largely impairs its usability, marketability, or safety to the consumer and doesn't comply with the warranty. Frequently, the period of time in which the Lemon Laws are applicable are rather short; the flaws and resulting repair efforts (or out-of-service period of time) typically will occur during the first 2-years or 24,000 miles the owner has the automobile. However, a number of states have even shorter periods. Moreover, many states have notification and initiation requirements, such as asking the consumer to send off registered post notice to the original producer of the shortcomings and establishing the car dealership an option to fix the motor vehicle. Furthermore, many states expect that Lemon Law cases be settled through an arbitration procedure.

Generally, state Lemon Law regulation codes also apply to leased vehicles and used automobiles bought whilst under the producers basic warranty. A lot of state Lemon Laws also apply to vehicles other than passenger cars. depending upon the consumer's state of residence, or the state where the consumer purchased the car, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Boats
-Other consumer commodities (like televisions)
There are a number of powerful resolutions possible under the Lemon Laws. US States most instances, if the original equipment manufacturer can't correct the vehicle, the consumer may either require the original equipment manufacturer to replace the automobile, or make the original equipment manufacturer to take the vehicle and refund the original price paid together with accompanying costs, like all bills, towing fees, repair charges, alternative travel costs and other charges incurred by the consumer as a consequence of the faults in the vehicle. Another important relief available under most Lemon Laws is legal fees. In many states, if you prevail in a Lemon Law suit, you will not have to pay any legal fees-the automobile original equipment manufacturer that sold you your lemon is expected to pay for your court bills.

The defendant automobile original equipment manufacturer can use assorted defenses to a Lemon Law claim. The typical regulation extends that the maker is not guilty if it can affirm that the shortcomings in dispute were caused by maltreatment, negligence, or the modification or alteration of a vehicle by persons other than the manufacturer, its agent, or an authorized dealership. Restated, if the consumer damages his or her own motor vehicle, or the troubles were the fault of changing or adjustments conducted by an unauthorized dealer, the manufacturer could not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer product warranties. Signed by Congress in 1975, the Magnuson Moss Act requires manufacturers and marketers of consumer commodities to provide consumers itemized information about warranty coverage claims. Additionally, it sets both the rights of customers and the responsibilities of warrantors under original warranties.

Although the Magnuson Moss Act doesn't call for an automobile manufacturing business to furnish customers with a warranty, if a warranty is provided, the Magnuson Moss Act offers a number of protections for the consumer. The Magnuson Moss Act makes it more easy for consumers to sue for breaking the warranty by making breach of warranty an infraction of federal law, and by allowing for public consumers to recover litigation costs and fair laywers' charges.

The Magnuson Moss Act is often beneficial in a lemon situation in which, for some reason, a state Lemon Law claim is unavailable or furthermore unfit. For example, divaricate from the rather short period offered to customers within almost all Lemon Laws, you could file a claim for breach of warranty after the warranty period has expired if the troubles came about during the warranty time period. Also, although a few Lemon Laws limit their coverage to a narrow offering of motor vehicles, the Magnuson Moss Act applies to almost all consumer products. The Magnuson Moss Act might also be applicable if you bought or leased a expended car without a manufacturer's warranty, or if the car is covered by a service contract or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in every U.S. state. It is the primary source of law governing warranties on consumer goods, including motor vehicles and other items. The UCC affords an alternative legal course for public consumers with lemon troubles.

UCC code stipulates that the consumer of a good is entitled to return goods which fail in any way to the consumer warranty. Thus, if your recently purchased motor vehicle doesn't operate as pledged by the original producer (your original warranty is a portion of your consumer warranty), you may have a claim referencing the UCC in addition to any additional claims you may have.

The period of time for taking back a vehicle with the UCC is not limitless. If you discover a problem in your car inside a fair review period, you may take back the vehicle. Unfortunately, new automobiles are frequently technically enigmatic and you may not acknowledge whether your motor vehicle conforms to the agreement till after you buy the motor vehicle and defects begin to come up. Therefore, if Following this review time period you fail to reject the motor vehicle, you will be said to have approved of it and might have no claim through the UCC.

The length of the inspection time period is not specified in the statute. State courts determine how long the fair review period is based on the consumer's familiarity and past experience, the consumer's difficulty in observing the gremlin, and the consumer's chance to reveal the flaw.

In spite of this limit, the UCC stipulates that in certain instances where a purchaser is pronounced to have approved of goods (i.e. the fair review period has elapsed), a purchaser may still disclaim his favorable reception of those products where the non-conformity often cripples the value of the products to him. Those examples include examples where it is arduous to identify the nonconformity or the purchaser was guaranteed that the non-conformity would be remedied. In other words, the local court will exempt the purchaser from not refusing the products where the purchaser could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a vehicle excessively breaks and you have to keep bringing it back to the car dealership for repair under the warranty, the auto lemon law might be your next refuge. The problem should be significant where it interferes with your driving the automobile or your safety. A automobile stalling frequently would be a significant problem. This is precisely the type of defect that could diminiah your driving and your safety. Under the auto lemon law you are not obligated to indicate why the vehicle is stalling, you simply have to prove that it is stalling. Put simply you need to check over the lemon law in these three instances: the vehicle keeps breaking within the warranty time period, the vehicle is a safety risk, the dealership is incapable to correct the vehicle when it is guaranteed.

If you have a vehicle which is a lemon you can directly write to the original producer and ask for another equivalent vehicle. If this requirement is not acceptable to the original producer, you could move into an arbitration program. A few manufacturers use their own arbitration program. Other manufacturers employ third party arbitration program such as Autoline by the BBB. The judgment of the arbitrators is binding on the original producer but not on the purchaser. If unsatisfied with the opinion, the purchaser can take the original producer to court.

Virtually all ordinances stipulate that the owner should be returned back to the fiscal position they were in before they purchased the vehicle, less the sum that the owner benefited from by using the vehicle. To get the payback sum many components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new pre-owned cars might qualify under basic lemon laws. For example, a pre-owned vehicle may fall under regular lemon laws if it is less than one year old and has less than 12,000 miles on the odometer. States which do have a used vehicle lemon law might be extra accommodative with the age and measure of mileage. Still, the car must be sold by a dealer that provides a warranty. Private sales aren't included, nor are cars sold under a stated original cost. There could be other restrictions to a used car lemon law such as the functions for which the vehicle is used or the categorization of vehicle. Vintage automobiles, are usually excluded from used car lemon laws. Used car lemon laws normally cover a much shorter time period than brand new car laws. They frequently range from 30 to 90 days, depending on your used vehicle's mileage.
When selecting a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that apply to your state. Also enquire about the fee system. Many lemon law lawyers assume a relatively small retainer to manage a lemon law claim, and thereafter, the lawyer's bills are sent to the manufacturing business. Basically, lemon law claims are ordinarily very affordable to public consumers. The reimbursement of attorney expenses varies from state to state. About one-half of the states provide for you to recover your Lawyer invoices if you win. The attorney's fee is based on actual time logged rather than being linked to any other percentage of the recovery. In a few States, you must pay the manufacturing business* lawyer's invoices if you lose.

Consumers ought to place their complaints in writing and save a copy. In any written communication, always describe how difficult it is to return the vehicle to the dealer for work and that the dependability that the owner thought He was getting has been non-existent. Any written communication with a dealer or manufacturing business ought to be sent using certified post. In virtually all lawsuits the manufacturers claim that they have not had the needed number of attempts to remedy the problem. They bet on the knowledge that the owner doesn't keep repair orders for each instance they have taken the motor vehicle into the authorized repair facility. They also depend on the fact that the repair orders have seperate parts fixed every occurance demonstrating that they have not fixed the same problem. Consumers ought to respond by demanding that authorized dealerships always grant them a warranty repair order. Consumers ought to also argue that these undocumented visits are tries.

Make sure to be cognisant of your lemon law rights. Upon purchase, immediately scan your owner's manual and warranty principles completely, and the info concerning lemon law rights which you ought to get when you purchase your car. Don't rely on your car dealership to explain what troubles are covered by warranty. If your car dealership states that a problem isn't covered and you believe that he or she is purposely deceiving you, be civilized but assertive. Don't be scared to point out the segment of the warranty that applies, or to call the original equipment manufacturer for verification applying the contact info included with your owner's manual. You shouldn't have to pay for corrections associated to lemon law complaints. It's also necessary to give notice the original equipment manufacturer of a complaint straightaway. If you think that your automobile has a condition which can't be remedied, check 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.

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