Under Nebraska lemon law a lemon is defined as a vehicle that has a defect which has a negative effect on the use of the vehicle, the market value of the vehicle or the defect cannot be rectifies in a reasonable number of attempts. A vehicle purchased outside the state cannot qualify under Nebraska law, the vehicle must have been bought in Nebraska, still be under warranty and the defect must be reported before the first year anniversary of the purchase. There is no limit to what the vehicle can be used for, it can be any size including motorcycles and semi-trucks but the law does not cover trailers or self propelled motor homes.
A vehicle is considered defective under Nebraska lemon law if it has been taken in for repair of the same defect four times or the car has been unusable by the owner for more than 40 days. Like every rule there are exceptions, the Nebraska lemon law is no different. If the defect is such that the life of the driver and occupants are in danger then four attempts are not required, on the other hand a problem which is insignificant is not considered a defect under the lemon law if it cannot be repaired in four tries.
Making a claim in Nebraska:
If you have a vehicle which meets the criteria noted then you have a lemon. The law in Nebraska gives the consumer two options; the consumer can go through an informal process of arbitration or he or she can sue the manufacturer for recourse. In either case, if your claim is found to be valid you will be given the option of either a replacement vehicle or a full refund of the original purchase price.
The manufacturer of the vehicle must be advised that you have a lemon and you are going to seek protection under the law. This advice is not to be given over the phone or by email, it is generally accepted that it is to be sent to the manufacturer by certified US mail. Upon receipt of the notification the manufacturer has the right to attempt a final repair.
It is not necessary to engage the services of an attorney if you elect to go through arbitration but it is a valid option. If you plan on suing the manufacturer in Nebraska court then having a seasoned attorney is almost a must.
The Nebraska lemon law allows a consumer who purchased a fatally flawed vehicle recourse. If you require further information on your rights under Nebraska law you are invited to contact Krohn & Moss Consumer Law Center. For more information visit the site yourlemonlawrights.com.
