Lemon laws protect American consumers who purchase cars with repeated, unfixable problems: lemons. Manufacturers including General Motors, Toyota, Honda, Nissan and many more build thousands of lemons every year, with many sold in the United States. Nevada is no exception, and the Nevada lemon law protects Nevadans in such a predicament.
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 law covers Nevada consumers who purchase or contract to purchase a vehicle normally used for personal, family or household purposes. 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.
The Nevada 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, 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 repair attempts.
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 state that it is to be in service repair for 30 calendar days or more.
Consumers in Nevada must file a state lemon law claim within 18 months after the date of the vehicle’s original delivery. For example, if a consumer buys a new, warrantied vehicle and it develops a problem one year later, the consumer has six months to file a state lemon law claim. Importantly, a Nevada consumer should seek the assistance of a lemon law attorney to determine the time remaining, if any, to file a Nevada state lemon law claim and whether it makes good sense to do so in light of the underlying circumstances.
Nevadans looking to take advantage of their state’s lemon law should take care. The Nevada lemon law has no provision to recoup attorney’s fees, either in arbitration or elsewhere. The nonprofit Center for Auto Safety called the Nevada Lemon Law one of the most unfair lemon laws for American consumers, ranking it 47th out of 51 U.S. lemon laws.
Your vehicle’s manufacturer is legally required to fix any recalled problems for free. If the dealership refuses to fix the part or tries to charge you for the repair, contact the manufacturer immediately. The Highway Safety Act of 1970, which created the NHTSA, requires car manufacturers to pay for the recall and replacement of a defective part.