Nebraska Lemon Law
The Nebraska lemon law helps consumers settle disputes with manufacturers over chronic car repair issues. Under the car lemon law, manufacturers must repair, replace or refund the purchase price of a car that is determined to be a lemon. For buyers to qualify for lemon law protection, the vehicle must be less than two years old and under warranty at the time the manufacturer was notified of the issue.
Consumers have the option to settle their dispute with the manufacturer through arbitration or by filing a lawsuit. Mediation is a quick process that can resolve the matter within 40 days. If arbitration is not successful, consumers may sue the manufacturer in court. Anyone buying a car in Nebraska should read further for more details on how the lemon law can help resolve disputes over chronic repair issues with their vehicles.
What is the Lemon Law in Nebraska?
The Nebraska Lemon Law helps consumers resolve complaints about cars suffering from chronic repair issues. The law requires manufacturers abide by the written vehicle warranty offered for new cars sold in the state. Under this law, manufacturers must offer to repair, replace or refund the purchase price of a vehicle that still experiences issues after a reasonable number of repair attempts.
Does the Nebraska Lemon Law apply to used cars?
The NE used car laws for lemon vehicles do not apply if the car is more than two years old and the warranty period has expired. Additionally, there is no 30-day lemon law for used cars and consumers who purchase a vehicle without a warranty do not receive protection under the lemon law. In some cases, buyers may qualify for warranty repairs through an extended warranty purchased at the time of sale. An extended warranty, however, does not extend the initial new car warranty. As such, vehicles under an extended warranty do not qualify under law guidelines.
How does the Nebraska Lemon Law work?
The new car lemon law allows consumers to settle disputes through arbitration or a lawsuit. Before beginning the dispute process, buyers must provide written notice to the manufacturer to allow them an opportunity to correct the problem. Consumers should send their notification through certified mail to serve as proof that they did, in fact, make the manufacturer aware of the issue.
Consumers who choose arbitration present their case before a neutral third party who mediates the dispute between the consumer and the manufacturer. Each party must testify before the mediator and show evidence of their claim. The decision of the mediator is legally binding on the manufacturer, in that the manufacturer must carry out the decision of the mediator. The consumer, however, does not have to accept the decision and may choose to file a lawsuit. Arbitration is a quick dispute process that usually takes less than 40 days and is less expensive than a lawsuit.
Nebraska Lemon Law Attorneys
Although consumers are not required to hire one, an NE lemon law attorney can be instrumental in helping consumers win warranty disputes with manufacturers. A lemon law attorney can represent the buyer at arbitration meetings, or they can file the lawsuit in the event arbitration is not successful. If the consumer wins the lawsuit, the manufacturer must also pay the consumer’s attorney fees.
Before hiring an attorney, consumers should ask for recommendations and carefully review the lawyer’s experience handling these types of cases. An attorney with extensive knowledge of lemon laws can recommend the best course of action to achieve the desired outcome. Before hiring an attorney, car buyers should ask the attorney for a full explanation of the attorney fees and costs associated with their case.
Additional Nebraska New and Used Car Lemon Law Information
In Nebraska, state lemon law guidelines state that some manufacturers can only be sued after an unsuccessful arbitration attempt. Consumers who wish to pursue the dispute process should contact the Nebraska Department of Motor Vehicles for a list of manufacturers that require arbitration. In cases where arbitration is not required, consumers may sue the manufacturer directly. Under the federal lemon law, if a consumer wins a lawsuit, the manufacturer must refund the purchase price of the car along with associated taxes and fees.
How to Tell if Your New Car Qualifies for a Nebraska Lemon Law Warranty
For a car to qualify for protection under the lemon law buyback program, it must have a significant defect that impairs the safe use of the vehicle even after four or more unsuccessful repair attempts. By lemon law definition, a car is also considered a lemon if it has been out of use for more than 40 days due to the same issue. Lastly, the vehicle must be purchased in Nebraska, under warranty and less than two years old at the time the manufacturer was provided notice of the issue.
Vehicles purchased in another state do not qualify for Nebraska lemon law protection. Consumers should contact the appropriate organization in the state they bought the car for dispute procedures of that state. When making the vehicle purchase, consumers should do thorough research on the make and model. Some models or manufacturers may have a history of defects, and certain parts of cars may be more prone to issues. Although state laws do not offer protection for used vehicles, consumers can order a vehicle history report to make thorough and educated buying decisions for used and pre-owned cars.