A Consumer’s Right Under The Nebraska Lemon Law

by | Aug 14, 2015 | Attorney

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Nothing can make a consumer angrier than purchasing a new car that won’t do what it is intended to, if you have just parted with a great deal of money you don’t look forward to taking public transportation to get to work. The Nebraska Lemon Law gives this unhappy and frustrated consumer legal options of recourse.

To qualify for either replacement or a refund of the purchase price the car must have a substantial defect which poses a significant threat to the safety of the occupants. Faulty brakes or faulty steering are a couple of examples that meet the definition of a lemon, chipped paint on the other hand does not.

In Nebraska the standard that applies requires the car to have been in the shop four times at least for the same defect or it has been unusable for at least 40 days.

Eligibility for protection under the Nebraska Lemon Law:

To be eligible for protection under the Nebraska Lemon law the vehicle must have originally been purchased in the state, be less than 12 months old and still under warranty.

If the vehicle has been repaired by the manufacturer 4 times for the same defect or you have not been able to have your car at your disposal for 40 days it can be considered a lemon, this is true as long as you have not made any unauthorized changes to the vehicle.

Making the claim:

In Nebraska you can either submit to an informal arbitration process or failing that, sue the manufacturer in court. In either case, should the vehicle be found to be a lemon then you are eligible for either a refund of the purchase price or a replacement vehicle.

To qualify for protection you must prove that you have notified the manufacturer  of your intentions. This is done by registered mail after the third repair attempt has been made or the car has passed 30 days when you couldn’t use it. This will give the manufacturer one last chance to fix the defect.

Used cars:

A car that is sold without a warranty, a used car, cannot qualify as a lemon in Nebraska. The dealer that you bought the car from or any other person that sold you the car is under no obligation to repair any defect no matter what it is. Once you have paid for the used car it is yours, there is no grace period extended that will allow you to return it.

The Nebraska Lemon law provides you with legal recourse in the event you bought a vehicle with a serious defect that cannot be repaired. For full details you are invited to visit “Your Lemon Law Rights” web site.

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