Your Lemon Law Rights In Nebraska

There are few things less disheartening than scrimping and saving to buy a new car only to find out it is a lemon. There is recourse under the Magnuson-Moss warranty act and the uniform commercial code but the definition of what constitutes a lemon is left to the states. The technical definition of what constitutes a lemon is not difficult to understand, basically a lemon is a new vehicle that has a substantial problem that cannot be rectified in a reasonable number of attempts or the vehicle has not been available for use by the owner for a certain number of days.

The problem is really not in the definition, the problem lies with defining the meaning of the words “substantial, reasonable and certain.”

The Nebraska lemon law not only defines what is meant by these terms as far as the State of Nebraska is concerned, the law provides state residents who believe they purchased a defective vehicle with options. It must be understood that the defect that is in question must be significant, one which poses a potential threat to the safety of the occupants and others. In this context a vehicle delivered with faulty brakes fits the Nebraska state definition of a lemon, however, a car with a less than perfect paint job does not because a poor paint job does not pose a risk to life and limb.

Generally speaking the Nebraska lemon law requires that the vehicle thought to be defective must be returned to the dealer from which it was purchased for repair and it must have been returned for the same defect at least four times or the vehicle has to have been unavailable for use for a total of 40 days minimum.

To be eligible:

Under Nebraska law for you to be protected the vehicle must meet a specific criterion which includes:

The car must have been purchased in Nebraska.

* The car has not yet reached the age of one year.

* The car must still be under warranty.

* Nebraska lemon law is not applicable to trailers or motor homes.

Once the eligibility issue has been overcome, the vehicle will be considered as a lemon if it has been in the dealer’s service facility four times minimum for the same repair or the vehicle has been out of service and unusable for forty days minimum. For the car to be considered it cannot have been subjected to any unauthorized modifications.

As the purchaser you can hire a local attorney to take your case to arbitration or you have the right to sue the vehicle manufacturer in Nebraska court.  

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