Nevada’s lemon law covers vehicles used to transport people or property upon a public highway.
The lemon law covers used vehicles, but does not cover motorhomes or off-road vehicles. The Nevada lemon law extends coverage to Nevadans who purchase or contract to purchase a vehicle normally used for personal, family or household purposes.
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The lemon law further covers anyone to whom the vehicle is transferred during the vehicle’s warranty period, and anyone else entitled to enforce the warranty’s obligations. The lemon law does not cover consumers who lease vehicles.
Nevada’s lemon law covers vehicle “nonconformities.” The lemon law defines a nonconformity as any defect or condition that substantially impairs the use and value of the vehicle to the buyer. The lemon law does not cover any defect or conditions arising as a result of abuse, neglect or unauthorized modifications by the consumer.
The lemon law compels manufacturers to repair a vehicle that does not conform to all applicable express warranties. The consumer must report the nonconformity to the manufacturer within the warranty term or one year following the vehicle’s original delivery to the consumer, whichever comes first.
If the manufacturer can’t successfully repair the nonconformity, the Nevada lemon law mandates they must replace or repurchase the vehicle. However, the law also says the manufacturer must be allowed a reasonable number of attempts to repair.
Nevada’s lemon law defines a “reasonable number of attempts” as four or more attempts for the same problem without success. The lemon law also defines reasonable attempts to mean it is unreasonable for a car to be in service repair for 30 calendar days or more.
The Nevada lemon law requires a manufacturer to repay the full purchase price of a nonconforming vehicle when repurchasing. The manufacturer must also repay all sales taxes, license fees, registration fees and other similar governmental charges. The manufacturer can withhold a reasonable allowance for the consumer’s use of the vehicle. That allowance is calculated based on the amount of miles driven before the first report of nonconformity to the manufacturer.
Nevada’s lemon law requires manufacturers to provide a comparable vehicle when replacing a nonconforming vehicle. The vehicle must be of the same model with the same features. If such a vehicle can’t be delivered to the consumer within a reasonable time, a comparable vehicle must be provided that is substantially similar. The reasonable allowance for use does not apply to a replacement.
The Nevada lemon law’s provisions covering refund or replacement don’t apply until the consumer has first resorted to an “informal dispute settlement procedure,” i.e. arbitration.
For more information on arbitration and other frequently asked lemon law questions, click here.
The manufacturer must abide by the decision of the arbitrator, while the consumer does not. If dissatisfied with the outcome, a consumer can bring civil action in court. By filing a claim under the Magnuson-Moss Warranty Act, Nevada consumers can hire lawyers who will represent them without the vehicle owner having to pay any attorneys’ fees directly out of their pocket. This is because the federal Act provides that the vehicle manufacturer shall pay the claimants’ reasonable attorneys’ fees if the claimant prevails against the manufacturer. Lemonlawusa.org encourages vehicle owners with a lemon to hire a lemon law attorney. You can bet the car manufacturers have legal counsel at the ready to help defend against lemon law claims both in arbitration and in court.
LemonLawUSA.org is sponsored by Texas Lemon Law Attorney Allen Stewart P.C.