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Lemon Law Attorneys Nebraska
Work with the Top-Rated lemon law and consumer protection lawyers in Nebraska
Purpose of the Law
The lemon law in Nebraska protects residents who buy or lease new vehicles that are found to be defective. The law provides essential legal remedies for consumers facing ongoing issues with malfunctioning vehicles, ensuring they do not shoulder the financial consequences of a defective new car.
Scope in Nebraska
Eligible new cars covered under Nebraska lemon law: Nebraska’s lemon law applies to self-propelled vehicles built for highway use.
Nebraska’s lemon law requires that:
- The vehicle must have been bought in Nebraska.
- The vehicle has to be under warranty.
- The vehicle’s age must be less than one year when the defect notice is sent to the manufacturer.
Is there a use criterion? The vehicle can be used for family, household or personal reasons, and it can be a business vehicle. It can be any size.
Think you have a lemon, click here to fill out a 30 second form.
Vehicles Covered Under Nebraska’s Lemon Law
- Nebraska’s lemon law covers new vehicles. New vehicles and motorcycles are covered.
- What about leased vehicles? If the vehicle is leased through a dealer, it is covered under Nebraska lemon law.
- The law doesn’t cover cars purchased elsewhere and then registered in Nebraska.
- Please also note the state’s definition of a consumer, which is written as the original purchaser, and anyone to whom the vehicle is transferred while the vehicle is still under warranty.
- What about the used car lemon law in Nebraska?
Please note: Used cars are not covered under Nebraska’s lemon law, as the law covers new cars less than two years old. - What about motorhomes? The Nebraska Attorney General’s Office, Consumer Protection Division (Bureau) states: “Vehicles sold as used, trailers, and self-propelled mobile homes are NOT covered by the Lemon Law.”
For issues that don’t fall within these criteria, a lemon law attorney in Nebraska may be able to use the federal Magnuson-Moss Warranty Act to pursue compensation on clients’ behalf.
Nebraska’s Criteria for a Lemon Vehicle
What Qualifies as a Lemon
For a car to be considered a lemon in Nebraska, certain requirements must be fulfilled, and there are deadlines that must be followed when filing a lemon law claim. Under Nebraska’s lemon law, a vehicle qualifies as a “lemon” if it meets certain conditions tied to repair attempts or time out of service.
To file a claim, your vehicle must meet specific criteria under Nebraska law:
Defect Criteria: The defect must be such that it substantially impacts the vehicle’s use, value, or safety (defined as a nonconformity). (There are sometimes variables in this definition as to what constitutes a substantial defect. Consult your lemon law attorney in Nebraska for details regarding your specific case.)
Repair Attempts and Days Out of Service Requirements:
- Four or more attempts to fix the same defect, OR
- 40 total days (don’t have to be consecutive) out of service due to repairs
Filing a Lemon Law Claim in Nebraska
- Process Overview
The claim process under Nebraska’s lemon law begins with a written notice to the manufacturer or dealer about the defect. They are allowed a chance to fix it. Consumers can file a lemon law claim if the problem persists after attempts at repair or days without service (as stated above under Repair Attempts).
- Reporting the Defect to the Manufacturer: Must be done by certified mail within the warranty term or within one year after original delivery of the vehicle, whichever is earlier. No mileage requirement.
- The Nebraska DMV recommends: “As a practical matter, you should probably send notification after the third repair attempt or after the vehicle has been in the shop 30 cumulative days.”
If the manufacturer is notified of the defect within this timeframe, they must make repairs even if the warranty term or the one-year period following original delivery has expired.
- Filing a Lawsuit: This must be done within one year after the warranty expires or two years from original delivery, whichever is earlier.
Compensation Under Nebraska’s Lemon Law
- Consumer Options
When a vehicle is classified as a lemon in Nebraska, consumers can choose from a full refund, or a replacement vehicle. It is up to the customer to decide, not the manufacturer. - Remedy Details
The purchase price must be returned by the manufacturer, less a reasonable deduction for mileage accrued before the defect was reported. In replacement situations, a similar new car must be offered, pending the customer’s consent. - Other Potential Compensation
In some instances, manufacturers may offer a cash settlement as an alternative to providing a refund or replacement. This could happen through negotiation or as part of an out-of-court resolution. It isn’t one of the main remedy options (refund or replacement) provided under the law to consumers. - Manufacturer Responsibilities
The manufacturer, in addition to providing the consumer’s requested remedy, may also be required to pay for related expenses, such as towing or rental car fees, stemming from the defect. Consult Nebraska lemon law lawyers to find out if these costs could be covered.
For more information on arbitration and other frequently asked lemon law questions, click here
Unique Aspects of Nebraska’s Lemon Law
- Dispute Resolution
The state of Nebraska doesn’t require arbitration before court action. Please note: Informal dispute resolution may be required before legal action. If the manufacturer has a state-certified dispute resolution process, you must try it first. If you are unhappy with the outcome, you are allowed to pursue a lawsuit against the manufacturer. - Extra Protections
Under Nebraska’s lemon law, when a consumer wins their claim, the manufacturer is required to pay the claimant’s legal fees.
Navigating Nebraska’s Lemon Law
- Nebraska-Specific Resources
The Nebraska Department of Justice’s Consumer Protection Division provides guidance and mediation support.
- Legal Support in Nebraska
Hiring a lawyer familiar with Nebraska’s lemon laws can boost success rates. With free consultations, no upfront fees and potential associated fees and court fee recovery, professional help is easily available. - Practical Tips
Keep detailed records of repairs, dates, and results. Communicate with dealers and manufacturers in writing, and log phone calls for a clear paper trail. If safety is compromised, act quickly; a lemon law lawyer in Nebraska can help you gather, organize, and review this information to support your case.
Allen Stewart, P.C. Provides Expert Lemon Law Representation in Nebraska
Allen Stewart, P.C. will fight aggressively for you, so your rights are protected under Nebraska lemon law. We expertly represent clients in every type of lemon law case in Nebraska, including specialized cases, involving today’s advanced vehicle technologies. As federal law experts, we also bring the Magnuson-Moss Warranty Act to bear, if necessary, to ensure our clients’ rights are protected.
Call Allen Stewart, P.C. now (866-440-2460) for your free consultation, or contact us online. Thanks to federal law, our clients pay nothing out of pocket, so contact us for a free consultation.
Nebraska Lemon Law FAQs
Can I file a Lemon Law claim in Nebraska for a vehicle with intermittent issues? -
Yes, if the defect substantially impairs the vehicle and meets the repair attempt criteria.
What steps should I take before filing a Lemon Law complaint in Nebraska? +
Notify the manufacturer about the defect by certified mail within the term of your warranty, or one year from original delivery of the vehicle, whichever is earlier. Allow four repair attempts or 40 days (cumulative; they don’t have to be consecutive) out of service. Your Nebraska lemon law attorney can guide you regarding these requirements and timelines.
Can I pursue a Lemon Law claim in Nebraska without going through arbitration first? +
Nebraska doesn’t require arbitration, but check your warranty; you may be required to use the resolution process provided by the manufacturer before filing a lawsuit.
What should I expect during a free consultation with a Nebraska Lemon Law lawyer? +
A Nebraska lemon law lawyer will evaluate your claim to determine if you have a case under the state’s lemon law or federal law. If your claim is valid, they will provide details on how they would move forward with your claim.
How are Nebraska Lemon Law attorneys paid—do they charge upfront fees? +
Nebraska lemon law lawyers are often contingency-based; fees are paid by the manufacturer if you win.
How do Lemon Law attorneys handle manufacturer pushback? +
Attorneys use negotiation, evidence gathering, and litigation to counter resistance. They know that manufacturers will try to evade, dismiss, or minimize your claim and will fight aggressively to defend your rights.
What new legal resources are available for Nebraska consumers facing Lemon Law disputes? +
State websites, consumer protection agencies, and legal aid organizations offer support. The Nebraska Department of Motor Vehicles’ lemon law page is a good place to start.
What are Nebraska’s strict criteria for determining a "lemon" vehicle? +
Nebraska’s lemon law covers new vehicles experiencing substantial defects that severely impact a vehicle’s use, value or safety. The law requires four repair attempts for the same defect or 40 total days (don’t have to be consecutive) out of service. Your lemon law attorney in Nebraska can help make the determination if your car qualifies under the Nebraska lemon law.
What role does the Nebraska Department of Motor Vehicles (DMV) play in Lemon Law cases? +
It offers lemon law information and administers the state’s arbitration program.
Are there any recent court cases that have set new precedents for Lemon Law claims? +
At present, there are not any new precedents, but you can consult legal databases or attorneys for precedent-setting cases.
What are the latest strategies lemon law attorneys use to win cases? +
Nebraska lemon law lawyers are skilled at leveraging technical experts, repair records, and consumer testimony to prove clients’ cases against manufacturers.
How do Nebraska Lemon Law attorneys collaborate with consumer advocacy groups? +
They partner with these groups on education, referrals, and legislative advocacy.
Are motorcycles and RVs covered under Nebraska Lemon Law? +
Motorcycles are covered; self-propelled motorhomes are not covered. It’s recommended to check with your lemon law attorney regarding your specific case.
What if the dealer keeps delaying repairs—can I still file under Lemon Law in Nebraska? +
Yes, if the total out-of-service time meets the 40-day (total days; don’t have to be consecutive) threshold, you can file a lemon law claim.
What if the dealer says the issue is "normal"—can I still use Nebraska’s Lemon Law? +
Your Nebraska lemon law lawyer can challenge with repair records or independent mechanic evaluations to protect your rights and pursue your claim.
Can I file under Nebraska Lemon Law if I bought the vehicle online or from out of Nebraska? +
Nebraska’s lemon law only covers new vehicles purchased in Nebraska.
What are Nebraska’s mileage and time limits for Lemon Law protection? +
Requirement: You must report the defect or nonconformity to the manufacturer, its agent, or authorized dealer.
Timeline: This must be done during the express warranty term or within one year of the original delivery of the vehicle, whichever is earlier.
There are no mileage requirements.
What are my legal options if the dealership went out of business in Nebraska? +
Have your attorney contact the manufacturer directly to pursue lemon law remedies.