Nebraska Lemon Law Firms and the Nebraska lemon law code.

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.

Fundamentally, the Lemon Laws specify that if you purchase (and in most states, lease) a brand new or pre-owned car or other vehicle with a manufacturer's warranty that is faulty, and the original producer cannot rebuild it despite persistent tries (inside a designated time that differs from state to state), or if the motor vehicle is not drivable for a stipulated time (often 30 days) due to its problems, you are qualified to a wide range of maltreats, inclusive of:

1. Money damage settlements
2. A repayment of the original price
3. A new car
Moreover, virtually all of the Lemon Laws (as well as the Federal Warranty Law) incorporate a fee transferring component that says that if you win your suit, the manufacturing business or car dealership that sold you the lemon is obliged to pay court expenses.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Even though the protections of each state's statute differ, the general state Lemon Law statute provides aid for owners with a impared vehicle sold with a warranty if:

1. The dealership or manufacturing business just can not reliably fix a particular deficiency in the product after a reasonable number of repair tries (generally at least 3);
2. The car can't be used for at least 30 days due to troubles in the vehicle; or
3. The dealership or manufacturing business can't correct a problem that is a significant safety risk.

By and large, a defective vehicle is a vehicle with a defect or trouble that substantially impares its usability, marketability, or safety to the consumer and doesn't conform to the written warranty. Typically, the time period during which the Lemon Laws apply are rather short; the defects and ensuing repair efforts (or out-of-service time) occasionally will occur during the first 2-years or 24,000 miles the owner has the automobile. However, a number of states have even shorter time periods. Also, almost all states have notification and activation requirements, such as asking the consumer to send registered post notice to the maker of the flaws and presenting the dealership an opportunity to repair the motor vehicle. Furthermore, numbers of states require that Lemon Law cases be settled through an arbitration process.

Generally, state Lemon Law regulation codes also are applicable to leased automobiles and used cars purchased whilst under the manufacturer's basic warranty. A good number of state Lemon Laws also are applicable to vehicles other than passenger automobiles. depending on the purchaser's home state, or the state where the consumer bought the vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer products (such as electronics)
There are a number of effective remedies available under the Lemon Laws. U.S. States most instances, if the original maker can't fix the vehicle, the consumer may either demand the original maker to replace the car, or demand the original maker to reposess the car and payback the purchase price including incidental damages, like all bills, towing costs, repair charges, associated travel costs and other damages incurred by the consumer as a consequence of the defects in the vehicle. Another important relief available under most Lemon Laws is litigation expenses. In virtually all states, if you win in a Lemon Law suit, you won't have to pay any laywers' bills-the motor vehicle original equipment manufacturer that sold you your lemon is forced to pay for your laywers' charges.

The defendant auto original equipment manufacturer can utilize several defenses to a Lemon Law claim. The common regulation extends that the original maker is not guilty if it can demonstrate that the defects at issue persisted due to maltreatment, carelessness, or the tampering or alteration of a vehicle by anyone other than the manufacturing business, its agent, or an authorized repair facility. In other words, if the consumer damages his or her own car, or the defects were a consequence of tampering or adjustments executed by an unauthorized person, the manufacturing business might 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. Sanctioned by Congress in 1975, the Magnuson Moss Act requires manufacturers and vendors of consumer goods to provide consumers comprehensive info about warranty coverage benefits. Also, it determines both the rights of customers and the responsibilities of warrantors under original warranties.

Although the Magnuson Moss Act does not call for an car manufacturer to provide consumers with a warranty, if a warranty is furnished, the Magnuson Moss Act provides a number of protections for the consumer. The Magnuson Moss Act makes it easier for customers to sue for breach of warranty by making breach of warranty a violation of federal law, and by permitting consumers to recuperate litigation costs and fair attorney's expenses.

The Magnuson Moss Act is typically relevant in a lemon case where, for some reason, a state Lemon Law claim is not available or otherwise unsuited. For instance, divaricate from the generally short period offered to purchasers inside virtually all Lemon Laws, you could file a claim for breach of warranty after the warranty period has expired as long as the troubles happened during the warranty period. Additionally, although many Lemon Laws limit their coverage to a very specific offering of automobiles, the Magnuson Moss Act applies to just about all consumer items. The Magnuson Moss Act might also apply if you bought or leased a expended automobile without a manufacturing business warranty, or if the automobile is covered by a third party agreement or other form 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 foundational agent of law governing warranties on consumer goods, including automobiles and other items. The UCC offers a legal route for consumers with lemon problems.

UCC code says that the consumer of a good is entitled to return product which break in any regard to the warranty. Basically, if your recently purchased product does not work as endorsed by the original equipment manufacturer (your manufacturer warranty is a portion of your consumer agreement), you can have a claim citing the UCC in addition to any additional claims you might have.

The period for rejecting a car with the UCC is not unlimited. If you observe a flaw in your automobile inside a fair ownership time period, you may reject the automobile. Unfortunately, new motor vehicles are typically mechanically enigmatic and you might not recognize if your motor vehicle conforms to the agreement till after you acquire the motor vehicle and defects begin to develop. Basically, if After this ownership time period you fail to take back the motor vehicle, you will be alleged to have accepted it and will have no claim through the UCC.

The length of the inspection period is not delineated in the regulation. Local courts determine how long the fair inspection period is based on the consumer's understanding and past experience, the consumer's difficulty in coming upon the problem, and the consumer's chance to notice the deficiency.

In spite of this limit, the UCC stipulates that in certain instances where a buyer is deemed to have accepted products (i.e. the fair inspection period has elapsed), a buyer can still negate his acceptance of those product where the non-conformity largely impairs the value of the product to him. Those instances include lawsuits where it proves arduous to find the nonconformity or the buyer was ensured that the non-conformity would be remedied. Put differently, the court will relieve the buyer from not rejecting the product where the buyer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a car excessively fails and you have to keep taking it back to the car dealership for repair under the written warranty, the motor vehicle lemon law might be your next course of action. The flaw must be significant in which it prohibits your driving the automobile or your safety. A automobile stalling constantly would be a significant flaw. This is exactly the type of condition that may stymie your driving and your safety. Under the automobile lemon law you are not obliged to demonstrate why the car is stalling, you merely have to show clearly that it is stalling. Thus you need to check the lemon law in these three examples: the car keeps failing inside the warranty period, the car is a safety risk, the dealership is not able to rebuild the car when it is warranted.

If you have a product which is a lemon you can immediately write to the original equipment manufacturer and ask for another equivalent product. If this demand is not acceptable to the original equipment manufacturer, you can move into an arbitration program. A few makers incorporate their own arbitration program. Other makers utilize external arbitration program like Autoline by the Better Business Bureau. The judgment of the arbitrators is binding on the original equipment manufacturer but not on the purchaser. If unsatisfied with the judgment, the purchaser can take the original equipment manufacturer to court.

Virtually all ordinances state that the buyer should be returned back to the fiscal status they were in prior to purchasing the vehicle, less the amount of money that the buyer profited from by using the vehicle. To get the restitution total numerous elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new pre-owned motor vehicles might qualify under normal lemon laws. For example, a pre-owned car may fall under normal lemon laws if it is less than one year old and has got fewer than 12,000 miles on the odometer. States that do have a used car lemon law may be more generous with the age and amount of mileage. Still, the car has to be sold by a dealer that supplies a warranty. Private party sales aren't included, neither are motor vehicles sold under a stated purchase price. There could be other restrictions to a used car lemon law such as the purposes for which the vehicle is pre-owned or the classification of vehicle. Vintage automobiles, are normally excluded from pre-owned car lemon laws. Used car lemon laws normally cover a much shorter period than brand new car laws. They often range from 30 to 90 days, depending on your used vehicle's mileage.
When finding a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that apply to your state. Also enquire about the fee system. Many lemon law attorneys demand a relatively modest retainer to handle a lemon law claim, and thereafter, the lawyer's fees are billed to the original equipment manufacturer. Therefore, lemon law claims are usually very low-cost to consumers. The reimbursement of attorney expenses varies from state to state. About half of the states allow you to recuperate your Attorney invoices if you win. The attorney's fee is based upon actual time expended rather than being attached to any percent of the recovery. In some States, you must pay the manufacturer's attorney's charges if you lose.

Consumers ought to place their concerns in writing and keep a copy. In every written correspondence, always explain how difficult it is to return the vehicle to the dealership for repairs and that the dependability that the purchaser thought He or she was buying has been non-existent. Any written correspondence with a car dealership or original equipment manufacturer must be sent using certified mail. In many instances the makers claim that they haven't had the needed number of endeavors to fix the problem. They depend on the knowledge that the purchaser doesn't keep repair receipts for each instance they have taken the automobile into the dealership. They also assume on the possibility that the repair receipts have seperate things repaired every instance evidencing that they haven't repaired the same defect. Consumers ought to reply by expecting that authorized dealerships always grant them a warranty repair order. Consumers must also indicate that these unwritten trips are efforts.

Make sure to be knowledgeable of your rights under the lemon laws. Upon purchase, immediately read your owner's booklet and warranty references thoroughly, along with the data concerning lemon law rights which you should get when you choose your motor vehicle. Don't bet on your dealership to tell you what defects are covered by warranty. If your dealership states that a defect isn't covered and you think that she is decieving you, be genteel but confident. Don't be frighted to bring out the segment of the warranty that is relevant, or to call the original maker for substantiation using the contact information included in your owner's booklet. You should not be obligated pay for corrections linked to lemon law complaints. It's also crucial to advise the original maker of a complaint right away. If you think that your motor vehicle has a condition what can't be remedied, check 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.

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