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Understanding Nevada Lemon Law
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. Allen Stewart P.C 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.
The Nevada lemon law can help many consumers when they have vehicle issues, but sometimes the state law falls short. When that happens the federal Magnuson-Moss Warranty Act can give you the tools you need to seek compensation for your lemon vehicle.
The state lemon law’s protections expire 18 months following the vehicle’s original delivery to the customer. However the Magnuson-Moss Warranty Act borrows the state’s six year statute of limitations for enforcing breach of warranty claims. The federal law offers consumers more freedom when pursuing a claim, and supersedes any state law.
There isn’t a specific lemon law for used cars in Nevada, but the state’s existing lemon law does cover used cars as long as the vehicle’s express warranty is still in effect. Whether you are the vehicle’s first owner or not, as long as the vehicle’s warranty is still in effect you are protected by state lemon law.
Nevada’s lemon law does not let consumers recover attorney’s fees after winning in court. However, the Magnuson-Moss Warranty Act does let consumers recover attorney’s fees as part of their part of their judgement. Consumers who pursue a claim under the federal Act pay no attorneys’ fees directly out of pocket.
Whether you are pursuing a claim under the lemon law in Nevada or the Magnuson-Moss Warranty Act, hiring a lawyer is one of the most important steps you can take. Allen Stewart, P.C.’s experienced and dedicated team of lemon lawyers know the ins and outs of state and federal lemon law and can help guide your claim to a just resolution. The legal system is full of technicalities and pitfalls our attorneys have decades of experience navigating. The attorneys of Allen Stewart, P.C. are ready to stand in your corner, take on auto manufacturers and make sure you get the justice you deserve.
Nevada vehicle consumers filing a claim under the state’s lemon law should collect and keep all records of attempted repairs. Those records should include all reported problems, when those problems arose, when the vehicle went in for repairs, what actions the dealership or their authorized agents undertook to fix the problem, and when the consumer got their vehicle back.
Detailed records help lemon law lawyers construct solid cases likely to resolve in your favor. Keeping copies of every work order, bill and receipt can only help your claim.
The lemon law in Nevada forces manufacturers to pay victorious consumers the full purchase price of the defective vehicle if the consumer chooses repurchase as their preferred remedy. The manufacturer must also repay all taxes, license fees, registration fees and other governmental charges.
Manufacturers can, however, withhold a “reasonable allowance” for the consumer’s use of the vehicle. The law calculates this allowance from the consumer’s use of the vehicle before the first reported nonconformity and any use when the vehicle is not out of service for repairs.
The lemon law in Nevada also requires manufacturers provide a replacement vehicle of the same model with the same features, if the consumer chooses replacement.
This information brought to you by Allen Stewart P.C.
Know All About Nevada’s Lemon Laws
State and federal laws protect Nevada car consumers who inadvertently purchase “lemon” vehicles. These “lemon laws” define lemons as vehicles with repeated, unfixable problems. These problems and defects happen for a variety of reasons, including manufacturing mistakes, design flaws and more. Regardless of how they came about, consumers can seek compensation using either the Nevada lemon law or the federal Magnuson-Moss Warranty Act.
Lemon vehicles can come from any manufacturer. Ford, GM, and BMW recently conducted vast, high-profile recalls recently, but they are far from alone. The National Highway Traffic Safety Administration (NHTSA) stated American vehicle dealerships sell approximately 150,000 cars each year with unrepairable defects. When Nevada consumers unknowingly purchase one of these lemons, they can turn to a qualified lemon law attorney to learn their rights and decide their next move.
Nevada lemon laws protect consumers who buy vehicles intended for personal, family or household use. The Nevada lemon law does not cover leased vehicles, however. The lemon law protects anyone entitled to enforce the warranty’s obligations, including the original purchaser or anyone to whom the vehicle is transferred within the vehicle’s original warranty period. The vehicle must be one meant to transport
The Nevada lemon law covers vehicles purchased recently enough to still remain within the original manufacturer’s warranty. This means the law covers used vehicles, but only if that vehicle’s original factory warranty is still in effect.
Nevada’s lemon law covers defects defined as “nonconformities.” When the defect or condition substantially impairs that vehicle’s use or value, it throws it out of conformity with its warranty- hence the term.
The lemon law doesn’t cover nonconformities arising because of neglect or unauthorized modifications by the owner. For example, if your engine locks up because you drive without oil, your warranty won’t cover that repair. Likewise, if you install aftermarket parts that cause mechanical problems, your warranty won’t cover that either.
The Nevada lemon law requires manufacturers repair vehicles that don’t conform to their express warranties. However, the customer must report any nonconformity to the manufacturer within the warranty term or one year after the vehicle’s original delivery to the consumer; whichever comes first. If the manufacturer can’t fix the problem within a given amount of time or attempts, they must either repurchase or replace the vehicle.
Nevada’s lemon law states the manufacturer must be allowed a “reasonable number of attempts” to fix the vehicle. The state’s law defines that as four or more attempts, after which if the manufacturer cannot successfully make repairs they must repurchase or replace the vehicle. Those repurchasing or replacement provisions go into effect if the vehicle is out of service for repair for longer than 30 calendar days.
Consumers can choose between repurchase or replacement of their lemon vehicle, per the lemon law. When repurchasing the defective vehicle, the manufacturer must repay the full purchase price of the vehicle plus all sales taxes, license fees, registration fees, and other governmental charges. The company can, however, withhold a certain amount back depending on how much the customer used the vehicle before the defect emerged. That allowance is derived from miles driven before the consumer reported the defect.
Consumers who opt for replacement are entitled by law to a vehicle comparable to their original, defective vehicle. The vehicle must be the same model, with the same features. If the manufacturer can’t deliver such a vehicle to the consumer within a reasonable time, the manufacturer must provide one that is “substantially similar.” The Nevada lemon law does not allow manufacturers to withhold an allowance for use like it does for repurchasing.
Like many states, Nevada’s lemon law requires customers go through an “informal dispute settlement procedure,” otherwise known as arbitration, before either repurchasing or replacement can occur. Arbitration is faster than a traditional court proceeding, but comes with its own unique pitfalls. Sometimes arbitration can work out in a consumer’s favor, but those instances are rare. The third party arbitrator can award the consumer additional repair attempts, which doesn’t help much. Also Nevada’s lemon law doesn’t mention consumers receiving compensation for attorneys’ fees during arbitration either. Manufacturers know this.
Nevada consumers can use the Magnuson-Moss Warranty Act to pursue legal recourse when the state’s law fails them. One key provision of the Magnuson-Moss Warranty Act lets consumers get their attorneys’ fees paid for by the manufacturer when they prevail in court. This means consumers can hire attorneys without paying a dime out of pocket. The attorneys of Allen Stewart P.C. have combined decades of experience defending consumers wronged by automotive manufacturers. They will stand up for you both in and out of the courtroom and help you get the justice you deserve.
Don’t let your defective car keep you off the road. Contact the attorneys of Allen Stewart P.C. today for your free initial consultation.