It is estimated that more than 150,000 cars annually, or about one percent of all new cars, are cons...read more
It is estimated that more than 150,000 cars annually, or about one percent of all new cars, are considered lemons. Although state and federal lemon laws vary, a lemon is generally considered any vehicle that has repeated defects or non-conformities that cannot be repaired after a reasonable time or a reasonable number of attempts. If you want to take advantage of state and federal lemon laws for car purchases, it’s important to understand what qualifies as a lemon and what steps you need to take to put yourself in the best position to receive maximum possible relief under the law. The attorneys at Krohn & Moss, Ltd. Consumer Law Center® have worked in this area of law since 1995 and can help you assess your claims and counsel you on the best course of action for moving forward. Should you qualify for relief, we will do our best to ensure that you settle your claims for what the law entitles, which may be a refund for your car, a replacement vehicle, or monetary compensation in other instances. We will also not charge you a fee unless you win or settle your case.
Before being able to reap the benefits of the lemon law, you must allow the manufacturer or dealer t...read more
Before being able to reap the benefits of the lemon law, you must allow the manufacturer or dealer to make a reasonable number of attempts or you must provide them with a reasonable time to fix the issues before your vehicle may be considered a lemon. Although every state law varies, most states require that the consumer provide the manufacturer or its dealers with at least3 times or 30 days to fix a vehicle defect or non-conformity. In some states, as little as 1 repair attempt may be sufficient to deem a car a lemon if the defect is something that affects the safety of the vehicle.
Most state lemon laws require that for the car owner or lessee to recover, they must prove that the ...read more
Most state lemon laws require that for the car owner or lessee to recover, they must prove that the defect or non-conformity substantially impairs the use, value or safety of the vehicle. Every situation is unique and a defect that you might not ordinarily think is substantial, very well might be depending on how it affects you. For instance, even something that is seemingly as minor as the illumination of a light on your dash board might signify a larger problem. Or, something like a brake squeak might be substantial if it affects your use and enjoyment of the vehicle every time you get behind the wheel. It is for this reason that you should speak to an experienced lemon law attorney who may assess your rights and tell you their opinion on what you may recover. Keep in mind, that the federal Lemon Law has no requirement that the defects in the vehicle be substantial. Rather, the federal Act looks to the obligations of the manufacturer to repair your vehicle as detailed in your warranty. Notably, the typical car manufacturer’s warranty promises to repair all defects in materials and workmanship in the vehicle. It does not restrictcoverage to only “substantial” defects. Therefore, even minor defects are covered under the federal Act if the manufacturer,by and through its dealers, was unable to repair the vehicle after being afforded a reasonable opportunity to do so.
What do you do when your new car isn’t what it was supposed to be? When it has repeated problems, is constantly in for repairs, and seems to give you more trouble than your old vehicle? What do you do when the dealer refuses to acknowledge that your new car is anything but wonderful?
The answer to each of these questions is that you use the Nebraska Lemon Law to get the relief you deserve. Nebraska legislators enacted the state’s Lemon Law to protect consumers in precisely these circumstances. Together with the Federal Lemon Law (known as the Magnuson-Moss Warranty Act), the law ensures that Nebraska consumers are never stuck with a lemon, but instead receive the new car they bargained for.
Under the Nebraska Lemon Law, a "lemon" is a vehicle, purchased or leased new in Nebraska under warranty, with a problem or defect which substantially impairs the purchaser’s use of the vehicle, or substantially diminishes the market value of the vehicle. Unlike some state’s lemon laws, Nebraska’s protects purchasers regardless of whether the vehicle was purchased for personal, family, household or business use. The law in Nebraska also protects vehicles of all shapes and sizes, from motorcycles to semi-trucks. However, trailers and self-propelled motor homes are excluded from protection.
Although the Nebraska Lemon Law provides broad protection, the protection of Federal Lemon Law is even broader. The Federal Lemon Law also extends to vehicles purchased in Nebraska, as well as appliances and even consumer electronics and other consumer products. The Federal Lemon Law requires the manufacturer to meet all the requirements of the warranty, no matter how small, for the full warranty period.
Before you are entitled to take legal action and obtain relief under the Nebraska Lemon Law, you must give the manufacturer a “reasonable opportunity” to fix the defects or problems your car is experiencing. Generally, the law presumes that the manufacturer has had a reasonable opportunity to make repairs if it has attempted to fix the problems four (4) times but the problems are still there, or reappear. In addition, the law presumes that the manufacturer has had a reasonable opportunity to make repairs if the car has been out-of-service due to the defects and repairs for thirty (30) or more days (even if those days are not consecutive). If the problems persist after this reasonable opportunity for repairs, then the manufacturer has violated the Nebraska Lemon Law and you are entitled to file a legal claim and obtain further relief.
The Nebraska Lemon Law (as well as the Federal Lemon Law) contains a series of deadlines which must be met to obtain relief. For example, in the State of Nebraska, a consumer typically must complain and take action within a year of purchasing the vehicle. Under the Federal Lemon Law, a consumer generally must complain and take action within four (4) years of the date when the manufacturer breaches its warranty. These deadlines are strictly enforced: if you miss them, you could lose your claim!
Unlike many state lemon laws, however, the Nebraska Lemon Law does not require consumers to submit to arbitration procedures put in place by the manufacturer – instead, the consumer may choose to submit to such procedures, or to proceed directly to a legal claim.
Relief You Deserve Under Nebraska Lemon Law
If you were sold or leased a “lemon” in Nebraska, the lemon law provides that a manufacturer must repurchase your vehicle, paying you the full purchase price for the vehicle including all sales tax, license and registration fees, and any similar governmental charges (minus a reasonable amount for the use of the vehicle) and may also be required to pay other expenses you incurred due to the problems with the vehicle. Alternately, the manufacturer could provide you with a comparable replacement vehicle. The Manufacturer must also pay your attorneys’ fees.
Do You Need Help With the Nebraska Lemon Law?
Call Krohn & Moss, Ltd. Consumer Law Center® or submit your information to us online to see if you qualify under the State or Federal lemon law. Over 97% of our cases settle without going to trial and we work diligently to get your claim settled as quickly as possible.
We work with Nebraska attorneys associated with Krohn & Moss, Ltd. Consumer Law Center® in an “of-counsel” relationship to handle lemon law claims for consumers in Nebraska. We stay informed of the newest legal developments so you can get the best results for your lemon law claim.
Watch this short video to learn how auto manufactures can compensate you for your Lemon.
We’ve put together a simple, effective evaluator to help you determine whether or not you have a lemon.Start Free Lemon Evaluator It Takes Only 60 seconds!
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