If a consumer is the first owner or a new motor vehicle of any size and was purchased for any purpose and the vehicle is found to be a lemon by exhibiting chronic problems there are procedures that can be followed by the consumer that will remedy the situation, this is known as the Lemon Law. The law as written provides a remedy; the consumer can either get a refund of the purchase price or a replacement vehicle. As is true in most states the Nebraska Lemon Law allows for informal arbitration between the purchaser and vendor with no attorney representation or the consumer can sue the manufacturer in court.
The criteria for determining if a car is a lemon:
Any motor vehicle meeting the size, weight and purpose criteria which has a defect which has substantial impact on the use of the vehicle or its market value and numerous attempts to repair the defect have failed, it is a lemon under the law. The vehicle must also have been purchased in Nebraska, still covered by warranty and not yet one year old when the manufacturer receives notice that the vehicle is a lemon.
The presumption is that if the vehicle has been in the hands of the dealer four times or more for the same defect and you have been denied the use of the vehicle for 40 days or more it is a lemon under Nebraska law. Although the manufacturer may have been given notice they do however have the right to argue that the problem has not impaired the use of the vehicle or had a detrimental impact on the market value or that the problem is that of the owner as a result of abuse, neglect or modifications made which are unauthorized.
The manufacturer and you:
Under Nebraska Lemon Law the dealer is not a party to the dispute, this is between you and the vehicle manufacturer. It is the responsibility of the consumer to notify the manufacturer of the defect and the manufacturer must be given an opportunity to repair the defect. As the presumption is that the vehicle is a lemon after 4 attempts at repair have failed and you have been denied use of the vehicle for 40 days or more most consumers faced with this problem will notify the manufacturer after the failure of the third attempt at repair or after the vehicle has been confined to the repair shop for 30 days. This will provide the manufacturer notice of your intention which is a refund or a replacement vehicle. For more information contact Krohn & Moss, Ltd. Consumer Law Center®
