In the State of Nebraska the Lemon Law applies to new vehicles that have been purchased in the state. Although every state has a Lemon Law no two are exactly the same, in Nebraska a new car is defined as one which has not had the title transferred from the original purchaser to anyone else. This proviso means that the car cannot be even given away let along sold or exchanged.
The objective of the Nebraska Lemon Law is to provide a way to solve complaints when a new car is plagued with a chronic problem or problems. If the owner follows certain procedures it is possible to get a replacement vehicle or a refund of the purchase price. The owner can choose to hire a lawyer and sue the manufacturer or use an informal arbitration process where a lawyer is not needed.
A lemon in the eyes of Nebraska law is a vehicle which is defective to the point where it impairs the use, it has a substantial detrimental effect on the vehicles resale value and it cannot be repaired after the manufacturer has been given a number of attempts to do so. The vehicle must not have gone over one year since it was purchased when the notice of defect is given to the manufacturer and it still must be under warranty.
There is no limit to the purpose of the vehicle, it can have been purchased as a family car or a car used for business. The vehicle can be anything from a motorcycle all the way to a large semi truck but it cannot be a motor home or trailer.
The presumption is that the vehicle is a lemon if:
* It has been in the repair shop four times or more for the same problem, or
* The car has been out of commission and not available for use for a total of 40 days minimum
When there is a Lemon Law dispute the dealer that sold the car is not involved, the dispute is between the vehicle owner and the manufacturer. The manufacturer must be given notice and must be given a final opportunity to repair the problem. It is suggested that the notice is given after the third attempt at repair or the car has been unavailable for use for 30 days total.
If the vehicle is truly a lemon the manufacturer must refund the vehicles complete cost which includes licensing, taxes, etc and if it was necessary to have hired a lawyer the legal fees will be refunded as well.
The Nebraska Lemon Law covers you in the event you purchased a vehicle which has a chronic problem. If you have a problem then contact YourLemonLawRights.com.
