Nevada Lemon Law
The Nevada lemon law is design protect consumers from having to pay for the costs of repairing or replacing a newly purchased vehicle that is seriously defective. While these laws in other states typically only cover new motor vehicles, Nevada also has a used car lemon law that applies to the purchase of used vehicles that have above a certain amount of high mileage. The Nevada Legislature oversees policies related to liability for faulty cars and ways a consumer can proceed to request reimbursement for repairs or vehicle replacement. To be considered a lemon, a vehicle must meet specific standards according to Nevada regulations.
Many NV consumers who find themselves with a defective vehicle turn to a lemon law attorney to help them contact the manufacturer of new vehicles or the previous vehicle owner of used vehicles and to petition for necessary funds. According to the Nevada car lemon law, if vehicle manufacturers are unable to repair a vehicle to the original standards, they are required to take other action to replace the vehicle owner’s car and fulfill the sales contract between the parties. Drivers can look out for a few telltale signs that a car may be a lemon before signing the paperwork and officially purchasing the vehicle. Drivers can keep reading for more helpful information about consumer protection laws for vehicle owners in Nevada.
What is the Lemon Law in Nevada?
The lemon law definition in Nevada is largely based on the types of problems that a vehicle presents after its sale of purchase to qualifying buyers. For vehicles bought new from the manufacturer or a dealer, a lemon law buyback may be initiated in Nevada if:
- The vehicle has had to be repaired for serious issues a substantial number of times (usually at least four) OR been out of service for a cumulative 30 days or more in a year-long period AND
- The vehicle is still under the manufacturer’s warranty OR has been in the possession of the owner for less than one year (whichever is sooner).
In most cases, there is no 30 day lemon law for used cars in Nevada, though some categories of used vehicles are protected by similar levels of consumer policies. For owners of qualifying new vehicles, the Nevada and federal lemon law require that the manufacturer replace vehicles deemed defective with the same vehicle or one of equal value or offer a refund of the original purchase price. The process for requesting a refund or buyback is usually initiated by contacting the manufacturer or car dealer directly, but the Nevada Department of Motor Vehicles (DMV) should be notified in all cases.
Does the Nevada Lemon Law apply to used cars?
In Nevada, the new car lemon law applies to most vehicles that are still under their manufacturer’s warranty, regardless of whether the vehicle has had more than one owner. As such, some Nevada laws regarding used cars intersect with statues concerning the buyback of vehicles deemed lemons. Owners of cars that fall into this category are usually afforded similar consumer protection benefits as owners of vehicles under their manufacturer’s warranty and still possessed by their original owner.
The Nevada state lemon law applies to another group of used vehicles with high mileage as well. A lemon law warranty applies to used vehicles purchased from licensed dealers with over 75,000 miles on the odometer within certain periods of time from the purchase date of the vehicle. The process of submitting a used car lemon law complaint for being sold a defective used vehicle is somewhat different than requesting recourse for a new car in Nevada. Those who have purchased a used vehicle that has been experiencing serious problems can file a complaint directly the NV DMV or a Compliance Enforcement Officer, who will then investigate the claim.
How does the Lemon Law work in Nevada?
According to Nevada car lemon law, qualified buyers of defective vehicles have a couple ways to request a refund or replacement vehicle. A qualified buyer is considered a vehicle owner for this law under at least one of the following conditions:
- The consumer purchased or contracted to purchase the vehicle for personal use or household use.
- The purchaser was transferred the vehicle while it was still under its manufacturer’s warranty.
- The buyer has rights under the vehicle’s warranty to enforce its obligations.
Qualified vehicle owners can initiate a lemon law buy back if they have had had to correct foundational elements of a vehicle a substantial number of times. Lemon law warranty requirements state that the manufacturer must receive the complaints about the vehicle not conforming to the guarantees in writing either:
- While the vehicle is still under the manufacturer’s original warranty OR
- Within one year of when the vehicle was delivered to the owner (whichever is sooner).
Repairs that occur after the abovementioned periods have passed can be included under the new car lemon law if the complaint about the issues requiring repairs was submitted within one of the covered time periods. The vehicle owner enacting the state lemon law should also initially contact the manufacturer or car dealer who sold the vehicle to find out if they have any company-specific recourse options. Even if the company which sold the vehicle has been responsive, it is important for the Nevada vehicle owner to remember to contact the DMV to alert them to the issues and the resulting outcome. The DMV can help the vehicle owner in the case of a dispute and can keep track of any problematic vehicle sales companies found selling too many lemons.
Many manufacturers use the Better Business Bureau to carry out lemon law buybacks and replacements, making it easy for consumers to submit a complaint and follow the resolution process step by step online or with the help of a representative. Members of the Nevada DMV Enforcement Office can also help vehicle owners take action under consumer protection laws when applicable.
Nevada Lemon Law Lawyers
Hiring a lemon law attorney can be beneficial to vehicle owners who find themselves in several different types of complicated situations. While some cases may be relatively straightforward, most will involve a certain amount of back-and-forth between the vehicle owner and the manufacturer over the cause and seriousness of the vehicle’s problems. Sometimes, whether a vehicle is deemed a lemon or not can come down to technicalities like the types of repairs done or the days the vehicle was out of commission. Lemon law attorneys are experts at dealing with unique situations like these that may not turn out in the vehicle owner’s favor without specific knowledge and experience local to Nevada. Hiring an expert can take a lot of the stress out of the entire procedure of requesting a refund or replacement for a faulty vehicle.
Lemon law lawyers can also be extremely helpful to vehicle owners when it comes to receiving a fair amount of compensation for a vehicle that has been acknowledged to be a lemon. While federal lemon law is meant to provide consumers with compensation equal to that of the original car, some manufacturers or car dealers can use various tactics to try to shortchange the vehicle owner during his or her replacement or refund. This can sometimes be through receiving a vehicle of lesser value or quality or by receiving less monetary compensation due to nonsensical fees or withholdings. No matter the case, a lawyer who is specifically advocating for the rights of the vehicle owner can make a difference in the outcome.
How to Tell if Your New Car Is a Lemon
Figuring out if your vehicle qualifies for a refund or replacement under the NV lemon law has to do with the type of problems it has been having and the number of times it has had to be repaired. Many vehicles meet state and federal lemon law guidelines and are replaced or refunded as a result. In some cases, manufacturers may issue a recall on vehicles that show serious defects. While the specific signs of a lemon will vary with each vehicle, it can be helpful to know common areas for faulty vehicles. The most common manufacturer defects in lemons include:
- Gas and mileage defects
- Electrical system defects
- Engine defects
- Shifting defects
- Steering defects