NE Lemon Law Statutes

Nebraska Lemon Law Qualifications

The lemon law covers any defect or condition that substantially impairs the use and market value of the motor vehicle to the consumer. These vehicle problems are called nonconformities.

The lemon law provides the manufacturer an affirmative defense if the manufacturer can show t hat the alleged nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of a vehicle by a consumer.

Vehicles Covered

  • The Nebraska lemon law covers a new motor vehicle sold in Nebraska. A new motor vehicle is any motor vehicle that has not been sold, bargained, exchanged, or given away, or for which title has not been transferred from the person who first acquired it from the manufacturer, importer, dealer, or agent of the manufacturer or importer.
  • The lemon law does not cover self - propelled mobile homes.
  • Guidance from the Nebraska Department of Motor Vehicles indicates that the lemon law applies to any motor vehicle less than two years old, and would therefore cover used vehicles.

Consumers Covered

The lemon law covers any of the following:

  • The purchaser, other than for purposes of resale, of a motor vehicle normally used for personal, family, household, or business purposes;
  • Any person to whom the motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to the vehicle; and
  • Any other person entitled by the terms of the warranty to enforce its obligations. Guidance from the Nebraska Department of Motor Vehicles indicates that a lessee would be included within the definition of "consumer".

Reasonable Number Of Repair Attempts

The Nebraska lemon law establishes a presumption that a reasonable number of repair attempts has been made if either of the following occurs within the term of manufacturer's written new - vehicle warranty or during the period of one year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date:

  • The same nonconformity has been subject to repair 4 or more time s by the manufacturer, its agents, or authorized dealers, but the nonconformity continues to exist; or
  • The motor vehicle is out of service for repairs for a cumulative total of 40 or more days.

The manufacturer's written new - vehicle warranty term, the one year period and the forty day period are extended by any period of time during which repair services are not available to the consumer because of war, invasion or strike, or fire, flood or other natural disaster.

Nebraska Arbitration Requirements

The lemon law provisions requiring repurchase or replacement of a nonconforming motor vehicle do not apply to a consumer who has not first used an informal dispute settlement procedure that has been certified by the Director of Motor Vehicles as complying with lemon law regulations. (Consumers may check with the BBB or Nebraska Department of Motor Vehicles to determine whether the manufacturer of their vehicle offers a dispute settlement procedure that has been certified.)

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