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The Nebraska Lemon Law

The Nebraska lemon law protects Nebraskans who own vehicles with defects that cannot be fixed.

Does the NE Lemon Law Cover My Vehicle?

The lemon law in Nebraska covers new vehicles for 12 months from the original date of delivery. The vehicle must be used primarily for personal, household or family use.

The defect must substantially impair the use of the vehicle, or substantially reduce its value. The defect cannot be due to abuse, negligence or unauthorized modifications to the vehicle.

There must have been at least four repair attempts during the coverage period, or the vehicle must have been out of service for at least 40 days, for it to be considered a lemon.

I'm Driving a Nebraska Lemon. What Can I Do?

If your vehicle meets the criteria above, you need to inform the manufacturer that you have a lemon, and that you want compensation.

You must write a letter and send it by certified mail, return receipt requested. Include copies of your notes, all service orders and work invoices, and any other supporting documentation you have. Remember to photocopy your letter and keep that copy for your records.

The manufacturer must be given one final opportunity to fix the defect. If it cannot be fixed, then you're entitled to compensation.

Arbitration or Law Suit?

If the manufacturer refuses to compensate you, you'll need to use an informal dispute resolution procedure certified by the state. The manufacturer may have its own, or it may use a third party's procedure. Most arbitration decisions made through these procedures are binding on the manufacturer, but not on you. You are free to file a law suit if you disagree with the decision.

If you decide to file a law suit, I recommend that you consult a lemon law attorney, a lawyer with Nebraska lemon law experience. If you win the suit, you'll be awarded your attorney's fees.

Refund or Replacement?

You can have a refund of the purchase price of the lemon, or a replacement.

The replacement must be a vehicle of comparable value, normally the same make and model as the lemon.

If you choose a refund, you will receive the full contract purchase price, plus any trade-in allowance, plus the sales tax, license and registration fees, and any other governmental charges. The manufacturer can deduct a reasonable use fee based on the number of miles you drove the vehicle.

Nebraska Lemon Law Summary

The lemon law in Nebraska covers all new vehicles for 12 months from the original delivery date. After four repair attempts or 40 days out of service, you can claim compensation, either a refund of your purchase price, or a replacement vehicle of comparable value.

NOTE:The information here is not legal advice and is only presented to you so you can know your options if you purchased a lemon. As with any legal issue, you should seek the advice of a qualified attorney.


 

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