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.

In simple terms, the Lemon Laws provide that if you acquire (and in many states, lease) a brand new or used vehicle or other car under warranty that is found to be damaged after repeated repair attempts, and the original equipment manufacturer just can not correct it even with duplicated tries (within a designated time that differs from state to state), or if the motor vehicle is out of service for a limited time (generally 30 days) because of its flaws, you are qualified to a wide range of dismantles, including:

1. Monetary damages
2. A repayment of the purchase cost
3. A brand new car
In addition, nearly all the Lemon Laws (as well as the Federal Warranty Law) contain a fee transferring element which stipulates that if you win your lawsuit, the manufacturing business or dealership that sold you your lemon is forced to repay you for litigation fees.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Although the wording of each state's statute vary, the general state Lemon Law statute affords remedy for consumers with a nonfunctional vehicle purchased with a warranty if:

1. The dealership or manufacturing business cannot accurately correct a particular defect in the item after a sensible number of repair attempts (ordinarily at least 3);
2. The vehicle cannot be driven for at least 30 days due to troubles in the car; or
3. The dealer or manufacturing business cannot repair a fault that is a threatening safety hazard.

Usually, a defective automobile is a automobile with a problem or condition that substantially impares its usability, value, or safety to the consumer and does not comply with the warranty. Frequently, the period during which the Lemon Laws apply are rather short; the shortcomings and resultant repair attempts (or out-of-service time period) occasionally must happen during the first two-years or 24,000 miles of consumer ownership of the motor vehicle. However, a number of states have even shorter periods. Also, almost all states have notice and initiation prerequisites, such as asking the consumer to send registered mail notice to the original equipment manufacturer of the defects and affording the car dealership an opportunity to fix the automobile. Additionally, numerous states require that Lemon Law cases be adjudicated through an arbitration process.

Generally, state Lemon Law regulation codes also apply to leased vehicles and preowned automobiles bought whilst under the manufacturer's original warranty. A lot of state Lemon Laws also apply to cars other than passenger automobiles. depending on the buyer's home residence, or the state in which the consumer bought the automobile, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer items (like computers)
There are a number of robust remedies available under the Lemon Laws. Typically, if the original producer just can not correct the vehicle, the consumer may either call for the original producer to replace the automobile, or make the original producer to take back the vehicle and refund the purchase price plus incidental damages, including all invoices, towing costs, repair charges, associated transportation costs and other damages incurred by the consumer as a consequence of the faults in the vehicle. Another important relief possible under most Lemon Laws is legal fees. In virtually all states, if you prevail in a Lemon Law suit, you do not have to pay any legal bills-the motor vehicle original equipment manufacturer that sold you your lemon is required to pay for your legal invoices.

The defendant auto manufacturing business can use assorted defenses to a Lemon Law claim. The standard regulation affords that the manufacturer is not guilty if it can prove that the defects at issue came about because of abuse, disregard, or the alteration or modification of a car by anybody other than the original producer, an agent, or an authorized dealership. Put differently, if the consumer maltreats his or her own motor vehicle, or the shortcomings were a consequence of tampering or alterations performed by a third party, the original producer could not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer merchandise warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires manufacturing business and dealers of consumer products to give customers detailed information about warranty coverage benefits. In addition, it infects both the rights of consumers and the obligations of warrantors under manufacturer warranties.

Although the Magnuson Moss Act doesn't demand an motor vehicle original producer to furnish purchasers with a warranty, if a warranty is furnished, the Magnuson Moss Act extends various protections for the consumer. The Magnuson Moss Act makes it easier for purchasers to sue for breaking the warranty by making breach of warranty a violation of federal law, and by allowing public consumers to recoup legal charges and sensible attorney's charges.

The Magnuson Moss Act is often valuable in a lemon situation where, for some reason, a state Lemon Law claim is not applicable or moreover unfavorable. For instance, divaricate from the rather short cycle provided to public consumers within almost all Lemon Laws, you can register a claim for breach of warranty after the warranty period has passed if the troubles came about during the warranty time period. In addition, although some Lemon Laws restrict their coverage benefits to a very specific number of vehicles, the Magnuson Moss Act applies to nearly all consumer products. The Magnuson Moss Act could also apply if you bought or leased a used car without a manufacturer's warranty, or if the car is covered by a third party service contract or other variety 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 primary authority of law governing contracts dealing with the sale of products, including vehicles and other items. The UCC offers an alternative legal avenue for consumers with lemon problems.

UCC code says that the consumer of a good is entitled to return merchandise which fail in any feature to the consumer warranty. In essence, if your new automobile doesn't operate as warranted by the original maker (your written warranty is part of your warranty), you can have a claim referencing the UCC in addition to whatever additional claims you might have.

The time period for returning a car with the UCC is not unlimited. If you discover a defect in your automobile inside a fair inspection period, you can return the automobile. Unfortunately, brand new vehicles can be oftentimes technically enigmatic and you might not recognize whether your motor vehicle conforms to the warranty until after you acquire the motor vehicle and problems start to come up. Essentially, if Following this inspection time period you fail to take back the motor vehicle, you will be said to have approved of it and might have no claim through the UCC.

The duration of the review period is not specified in the statute. Courts determine how long the reasonable inspection period is based on the purchaser's expertise and past experience, the purchaser's trouble in seeing the defect, and the purchaser's opportunity to notice the deficiency.

In spite of this restriction, the UCC provides that in certain examples where a buyer is deemed to have accepted goods (i.e. the reasonable inspection period has expired), a buyer may still disclaim his acceptation of those goods where the non-conformity often cripples the economic value of the goods to him. Those cases include examples where it proves arduous to reveal the nonconformity or the buyer was promised that the non-conformity would be repaired. In other words, the local court will excuse the buyer from not refusing the goods where the buyer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a vehicle excessively breaks and you have to keep taking it back to the dealer for repair under the warranty, the automobile lemon law can be your next recourse. The fault should be significant where it intereferes with your driving the item or your safety. A item stalling perpetually would be a significant fault. This is precisely the type of problem that may diminiah your driving and your safety. Under the automobile lemon law you are not obliged to establish why the motor vehicle is stalling, you simply have to verify that it is stalling. In essence you need to check the lemon law in these 3 examples: the motor vehicle keeps breaking down inside the warranty time period, the motor vehicle is a safety risk, the dealership is not able to fix the motor vehicle when it is warranted.

If you own a motor vehicle which is a lemon you can immediately write to the original maker and ask for another equivalent motor vehicle. If this request is not satisfactory to the original maker, you could start into an arbitration program. A few manufacturers use their own arbitration process. Other manufacturers utilize outside arbitration program such as Autoline by the Better Business Bureau. The recommendation of the arbitrators is binding on the original maker but not on the consumer. If unsatisfied with the assessment, the consumer can take the original maker to court.

Virtually all regulations state that the buyer must be restored back to the financial position they were in before they purchased the motor vehicle, less the amount that the buyer benefited from by using the motor vehicle. To get the payback total several components 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 cars might qualify under basic lemon laws. For example, a pre-owned motor vehicle might fall under regular lemon laws if it is less than one year old and has fewer than 12,000 miles on the odometer. States which do have a pre-owned motor vehicle 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 included, nor are cars sold under a stated purchase price. There may be additional restrictions to a used car lemon law such as the proposes in which the motor vehicle is driven or the categorisation of motor vehicle. Vintage cars, are commonly excluded from used car lemon laws. Used car lemon laws ordinarily cover a much shorter period of time than new car laws. They oftentimes range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that are applicable to your state. Also enquire about the fee program. Many lemon law lawyers need a relatively small retainer to handle a lemon law claim, and thereafter, the lawyer's bills are sent to the manufacturer. In essence, lemon law claims are ordinarily very affordable to consumers. The reimbursement of attorney invoices differs from state to state. About half of the states permit you to recover your Attorney bills if you win. The lawyer's fee is based on actual time expended rather than being connected to any other share of the recuperation. In a few States, you must pay the manufacturer's lawyer's bills if you lose.

Consumers ought to put their complaints in writing and save a copy. In any written correspondence, always outline how difficult it is to return the vehicle to the car dealership for corrections and that the reliability that the consumer thought She was buying has been non-existent. Any written correspondence with a car dealership or manufacturer ought to be sent using certified post. In many lawsuits the manufacturers claim that they have not had the requisite number of tries to fix the problem. They rely on the fact that the consumer does not have repair tickets for each time they have driven the motor vehicle into the authorized dealership. They also rely on the possibility that the repair tickets have different parts fixed every instance establishing that they have not fixed the same problem. Consumers ought to respond by requiring that sellers always send them a warranty repair ticket. Consumers should also indicate that these unwritten visits are attempts.

Make sure to be cognisant of your lemon law rights. Upon purchase, immediately scan your owner's booklet and warranty references thoroughly, along with the information concerning lemon law rights which you ought to get when you purchase your automobile. Don't depend on your car dealership to tell you which troubles are covered by warranty. If your dealer states that a problem isn't covered and you believe that she is being deceptive, be civilized but surefooted. Don't be afraid to produce the section of the warranty that is relevant, or to call the original producer for confirmation utilizing the contact information included with your owner's booklet. You should not be obliged pay for repairs connected to lemon law complaints. It's also important to notify the original producer of a complaint immediately. If you suspect that your automobile has a problem that can't be repaired, go over your lemon law rights to see when you are able to bring 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