Nebraska Lemon Law
Discovering that you own a defective vehicle is disheartening. Fighting the dealer and manufacturer can seem like a losing battle. Nebraska lemon law can give you the tools you need to win. Here’s a summary:
New cars: Yes
Used cars: No
Business vehicles: Yes
Leased vehicles: Yes
Lemon law period: 1 year
What is a Lemon Car Under Nebraska Lemon Law?
Nebraska lemon law covers new passenger vehicles, SUVs, vans, and trucks that are purchased in Nebraska. In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use or value of the vehicle
- Has manufacturer’s defects that occurred during the first year from the delivery date or the expiration of the warranty (whichever period ends first)
- Has been taken in four times for the same problem or has been out of service for a cumulative total of 40 business days
- The manufacturer or dealer has been notified in writing of the defect prior to the one-year anniversary of the delivery date and has been given a final (the fourth) opportunity to repair it
- The owner has participated in the manufacturer’s informal arbitration program, if one exists
Nebraska Statutes, Sections 60-2701 through 60-2709 are the state’s lemon law.
Getting Lemon Justice: Nebraska Lemon Law Relief
Nebraska lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:
- The full purchase price
- Sales tax
- License fees
- Registration fees
- Attorney’s fees
The amount of the monetary reward may be reduced by a deduction for your use of the vehicle.
Pursuing a NE Lemon Law Claim
If you want to pursue a claim under Nebraska’s lemon law, you must first send a notification to the manufacturer, and give them one last chance to repair the vehicle. You should send this letter after the third repair attempt, or after your vehicle has been out of service for 30 days. The notice must be sent when the vehicle is less than one year old. You should send this letter by certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
Once the manufacturer receives your letter, they will tell you where to take your vehicle for a final repair attempt. If the problem still isn’t fixed, you must enter into the BBB Auto Line arbitration program if the manufacturer is certified by the Nebraska Department of Motor Vehicles. If the manufacturer isn’t certified, you can sue them in court. The same holds true if you’re not happy with the outcome of arbitration; arbitration is binding for the manufacturer, but not for you.
How We Can Help
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 15,000 people recover more than $35 million. You can read more about us here.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a Nebraska lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.