For many people purchasing a new car is a genuine highlight in their lives, making the purchase only to find out that the car is defective can be upsetting to say the least. For residents of Nebraska that believe they have bought a car that is defective, the Nebraska lemon law is in effect, providing legal options designed to either refund your money or provide you with a replacement car.
It must be understood that the lemon law only comes into effect if the defect is “substantial” and it is not repaired within a certain time frame. A substantial defect is one which impairs the use of the vehicle, its value and its safety. The defect cannot be caused by abuse of the vehicle, neglect or unauthorized modifications or alterations.
To qualify, the vehicle must be one which has been purchased new and used for personal, family or business. Furthermore the vehicle must have been purchased in Nebraska, less than one year old and still under warranty. A vehicle that was purchased outside the state of Nebraska does not qualify under the Nebraska lemon law nor does a vehicle that was sold “as-is.” The lemon law in the state of Nebraska does not cover self-propelled motor homes.
If the vehicle has been in for repair of the same defect four times or more or the vehicle has been in the service facility for at least 40 days it can be considered a lemon.
The Nebraska lemon law gives you two options; you can submit to informal arbitration or you can sue the manufacturer in court. If you have followed all the terms of the law and the claim is found valid then the manufacturer is obliged to refund the purchase price or provide a replacement car of equal value and spec.
The first move is yours if you wish to seek recompense under the law. You have to notify the manufacturer by certified mail that your car is a lemon. You must give the manufacturer a chance to rectify the problem, as the law in Nebraska states that the manufacturer is given four chances, the certified letter of notice should be sent after three attempts have been made at repair or the car has been unavailable for your use for 30 days.
If you opt to sue the manufacturer rather than enter into arbitration you are advised to hire an attorney, contact now for more details.
The Nebraska lemon law provides the purchaser of a new vehicle with legal recourse in the event the vehicle turns out to be a lemon. For complete information and a free case review you are invited to contact the Krohn & Moss Consumer Law Center.
