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Nevada Automotive Lemon Laws 


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STANDARDS OF THE NEVADA LEMON LAW

The following is an brief explanation of most relevant provisions of the Nevada lemon law. The complete text of the lemon law can be found at Nevada Rev. Stat. section 597.600 et seq.

VEHICLES COVERED BY THE NEVADA LEMON LAW

The Nevada lemon law covers motor vehicles, defined as self-propelled vehicles in, upon or by which any person or property is or may be transported upon a public highway. The lemon law appears to cover used vehicles, but does not cover motor homes or off-road vehicles.

CONSUMERS COVERED BY THE NEVADA LEMON LAW

The Nevada lemon law covers the —buyer“, defined as:

  1. A person who purchases or contracts to purchase, for purposes other than resale, a motor vehicle normally used for personal, family or household purposes;

  2. Any person to whom the motor vehicle is transferred during the time a manufacturer‘s express warranty applicable to the motor vehicle is in effect; and

  3. Any other person entitled by the terms of the warranty to enforce its obligations. The lemon law appears not to cover a lessee.

PROBLEMS COVERED BY THE NEVADA LEMON LAW

The Nevada lemon law covers any defect or condition that substantially impairs the use and value of the motor vehicle to the buyer. This is referred to as a nonconformity. The lemon law does not cover a defect or condition that is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle.

MANUFACTURER‘S DUTY TO REPAIR

If a motor vehicle does not conform to all of the manufacturer‘s applicable express warranties, and the buyer reports the nonconformity in writing to the manufacturer before the expiration of the manufacturer‘s express warranties or one year after the date of the motor vehicle‘s delivery to the original buyer œ whichever is earlier œ then the manufacturer, its agent or authorized dealer must make the necessary repairs to conform the motor vehicle to the express warranty.

The necessary repairs must be made even if the term of the warranty or the one year period has expired.

MANUFACTURER‘S DUTY TO REPURCHASE OR REPLACE A VEHICLE

If the manufacturer, its agent or authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repairing or correcting a nonconformity after a reasonable number of attempts, the manufacturer must either replace or repurchase the motor vehicle.

REASONABLE NUMBER OF REPAIR ATTEMPTS

The Nevada lemon law establishes a presumption that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if, within the time the express warranty is in effect or within one year following the date of the motor vehicle‘s delivery to the original buyer, whichever occurs first, either of the following occurs:

  1. The same nonconformity has been subject to repair four or more times by the manufacturer, its agent or authorized dealer but the nonconformity continues to exist, or

  2. The motor vehicle is out of service for repairs for a cumulative total of 30 or more calendar days.

The 30 day period is extended by any period of time in which the necessary repairs cannot be made for reasons that are beyond the control of the manufacturer, its agent or authorized dealer. The time the express warranty is in effect and the one year period are extended by any period of time during which repair services are not reasonably available to the buyer because of war, invasion, strike, fire, flood, or other natural disaster.

DISPUTE RESOLUTION

If the manufacturer has established or designated an informal dispute settlement procedure that complies with 16 C.F.R. Part 703, then they buyer may not bring an action under the provisions requiring refund or replacement unless the buyer has first resorted to the informal dispute settlement procedure.

TIME PERIOD FOR FILING CLAIMS

An action must be commenced within 18 months after the date of the vehicle‘s original delivery to the buyer.

This information is not intended as legal advice. Please direct specific questions to your legal counsel.

REMEDIES UNDER THE NEVADA LEMON LAW REPURCHASE OF OWNED VEHICLE

The Nevada lemon law sets out the following amounts that a manufacturer must pay when it repurchases a motor vehicle under the lemon law:

  1. The full purchase price, and

  2. All sales taxes, license fees, registration fees and other similar governmental charges;

  3. Less a reasonable allowance for the buyer‘s use of the vehicle.

Refunds must be made to the buyer and lienholder, if any, as their interests may appear.

The reasonable allowance for use is that amount directly attributable to use by the buyer before the first report of the nonconformity to the manufacturer, agent or dealer, and during any subsequent period when the vehicle is not out of service for repairs.

REPLACEMENT VEHICLE

The Nevada lemon law provides that a replacement vehicle must be a comparable motor vehicle of the same model and having the same features as the replaced vehicle or, if such a vehicle cannot be delivered to the buyer within a reasonable time, then a comparable motor vehicle substantially similar to the replaced vehicle. The reasonable allowance for use does not apply to a replacement.

This information is not intended as legal advice. Please direct specific questions to your legal counsel.

NEVADA LEMON LAW SUMMARY

EXECUTIVE SUMMARY
TIME PERIOD FOR FILING CLAIMS 18 months following original delivery to the consumer.
ELIGIBLE VEHICLE Any self-propelled vehicle in, upon or by which any person or property is or may be transported upon a public highway. Excludes motor homes and off-road vehicles.
Appears to cover used vehicles.
ELIGIBLE CONSUMER —Buyer“ defined as (1) a person who purchases or contracts to purchase, for purposes other than resale, a motor vehicle normally used for personal, family or household purposes; (2) any person to whom the motor vehicle is transferred during the time a manufacturer‘s express warranty applicable to the motor vehicle is in effect; and (3) any other person entitled by the terms of the warranty to enforce its obligations.
Appears not to cover lessees.
TIME PERIOD FOR FIRST Earlier of the expiration of the warranties or one year after original
OCCURRENCE OR NOTICE delivery.
TIME PERIOD FOR REASONABLE Not specified.
NUMBER OF ATTEMPTS TO
REPAIR
PRESUMPTION Presumption: during earlier of the express warranty or one year
OR DEFINITION following original delivery, either (1) four or more repair attempts or (2) out of service for 30 or more calendar days.
NOTICE TO MANUFACTURER Written notification to the manufacturer within earlier of the express
warranty or within one year following original delivery.
FINAL OPPORTUNITY TO REPAIR Not specified.
REASONABLE ALLOWANCE Refund only: use by the buyer before first report of the
nonconformity and during any subsequent period when the vehicle is
not out of service for repairs.
DISPUTE RESOLUTION Before seeking refund or replacement, consumer must resort to
manufacturer‘s program if it complies with 16 C.F.R. Part 703.
DISCLOSURE TO SUBSEQUENT No.
PURCHASER
TITLE BRANDING No.

This information is not intended as legal advice. Please direct specific questions to your legal counsel.

NEVADA LEMON LAW SUMMARY
1. Citation Nevada Rev. Stat. §§ 597.600 through 597.680.
2. Motor vehicle covered Covers a motor vehicle, defined as any self-propelled vehicle in, upon or by which any person or property is or may be transported upon a public highway. Excludes motor homes and off-road vehicles. Appears to cover used vehicles.
3. Consumer covered Covers the —buyer“, defined as: (1) A person who purchases or contracts to purchase, for purposes other than resale, a motor vehicle normally used for personal, family or household purposes; (2) Any person to whom the motor vehicle is transferred during the time a manufacturer‘s express warranty applicable to the motor vehicle is in effect; and (3) Any other person entitled by the terms of the warranty to enforce its obligations. Appears not to cover lessees.
4. Nonconformity defined Not defined. Any defect or condition that substantially impairs the use and value of the motor vehicle to the buyer is referred to as a nonconformity. A nonconformity may not be the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle.
5. Warranty defined Not defined.
6. Lemon law rights period Not defined.
7. Manufacturer‘s obligation to repair If a motor vehicle does not conform to all of the manufacturer‘s applicable express warranties, and the buyer reports the nonconformity in writing to the manufacturer before the expiration of the manufacturer‘s express warranties or one year after the date of the motor vehicle‘s delivery to the original buyer œ whichever is earlier œ then the manufacturer, its agent or authorized dealer must make the necessary repairs to conform the motor vehicle to the express warranty. The necessary repairs must be made even if the term of the warranty or the one year period has expired.
8. Manufacturer‘s obligation to repurchase or replace If the manufacturer, its agent or authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repairing or correcting a nonconformity after a reasonable number of attempts, the manufacturer must either replace or repurchase the motor vehicle.
9. Criteria for reasonable number of repair attempts Presumed if, within the time the express warranty is in effect or within one year following the date of the motor vehicle‘s delivery to the original buyer, whichever occurs first, either of the following occurs: (1) The same nonconformity has been subject to repair four or more times by the manufacturer, its agent or authorized dealer but the nonconformity continues to exist, or (2) The motor vehicle is out of service for repairs for a cumulative total of 30 or more calendar days. The 30 day period is extended by any period of time in which the necessary repairs cannot be made for reasons that are beyond the control of the manufacturer, its agent or authorized dealer.
10. Notice of nonconformity and final opportunity to repair Buyer must report the nonconformity in writing to the manufacturer before the expiration of the manufacturer‘s express warranties or one year after the date of the motor vehicle‘s delivery to the original buyer œ whichever is earlier
11. Affirmative defenses Not specified.
12. Refund Refund consists of: (1) The full purchase price, and (2) All sales taxes, license fees, registration fees and other similar governmental charges; (3) Less a reasonable allowance for the buyer‘s use of the vehicle.
 
13. Replacement Replacement is a comparable motor vehicle of the same model and having the same features as the replaced vehicle or, if such a vehicle cannot be delivered to the buyer within a reasonable time, then a comparable motor vehicle substantially similar to the replaced vehicle.
14. Reasonable allowance Applies to a refund only. A reasonable allowance for use is that amount directly attributable to use by the buyer before the first report of the nonconformity to the manufacturer, agent or dealer, and during any subsequent period when the vehicle is not out of service for repairs.
15. Refund of sales tax Manufacturer refunds sales tax to the consumer. No provision for the manufacturer to obtain a refund of sales tax from the state.
16. Enhanced damages Not specified.
17. Attorney‘s fees No provision allowing the consumer to recover attorney‘s fees.
18. Statute of limitations An action must be commenced within 18 months after the date of the vehicle‘s original delivery to the buyer.
19. Manufacturer sponsored arbitration If the manufacturer has established or designated an informal dispute settlement procedure that complies with 16 C.F.R. Part 703, then they buyer may not bring an action under the provisions requiring refund or replacement unless the buyer has first resorted to the informal dispute settlement procedure.
20. State-sponsored arbitration Not specified.
21. Dealer liability Not specified.
22. Restrictions on resale of returned vehicles Not specified.
23. Point of sale notice of lemon law rights Not specified.
24. Limitation on waiver Any provision in any agreement between the manufacturer or its agent or authorized dealer and the buyer that provides that the buyer agrees to waive or forego any rights or remedies afforded by the lemon law is void.

This information is not intended as legal advice. Please direct specific questions to your legal counsel.






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