Nebraska Lemon Laws
Nebraska (NE) Lemon Law Statutes
Chapter 60, Sections 2701 - 2709
60-2701
Definition
As used in sections 60-2701 to 60-2709 of Nebraska lemon law, the following terms may be defined as:
- Consumer mean the buyer or purchaser of a motor vehicle normally used for personal, family, household, or business purposes other than resale or consumer is any person to whom such motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty;
- Motor vehicle is defined as a new motor propelled vehicle as defined in section 60-1401.02 which is sold in this state, excluding self-propelled mobile homes as defined in section 60-301; and
- Manufacturer's express warranty is the written warranty, so labeled, of the manufacturer that is intended for a new motor vehicle.
Laws 1983, LB 155, § 1; Laws 1989, LB 280, § 10.
60-2702
Motor vehicle not conforming to express warranties; duty to repair
As stated in Nebraska lemon law in case a motor vehicle in spite of having an express warranty and yet does not conform to it, and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the term of such express warranties or during the period of one year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, the manufacturer, its agent, or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such express warranties, notwithstanding the fact that such repairs are made after the expiration of such term or such one-year period.
Laws 1983, LB 155, § 2.
60-2703
Manufacturer's duty to replace vehicle or refund price; when; affirmative defense
If the manufacturer, its agents, or authorized dealers fails to repair the motor vehicle that holds any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use and market value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall then make all possible steps to replace the motor vehicle with a comparable motor vehicle or accept return of the vehicle from the consumer and refund to the consumer the full purchase price including all sales taxes, license fees, and registration fees and any similar governmental charges, less a reasonable allowance for the consumer's use of the vehicle. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear. A reasonable allowance for use shall be that amount directly attributable to use by the consumer and any previous owner prior to his or her first report of the nonconformity to the manufacturer, agent, or dealer and during any subsequent period when the vehicle is not out of service by reason of repair. It shall be an affirmative defense to any claim under sections 60-2701 to 60-2709 (1) that an alleged nonconformity does not substantially impair such use and market value or (2) that a nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of a motor vehicle by a consumer.
Laws 1983, LB 155, § 3.
60-2704
Attempts to conform motor vehicle to warranties; presumption; term of warranty; how computed
Under chapter 60-2704 it shall be alleged that few reasonable number of attempts have been undertaken to remove the nonconformity from a motor vehicle that is applicable express warranties, if
- The repair work has been carried out on the motor vehicle four or more time by the manufacturer, its agents, or authorized dealers within the express warranty term or during the period of one year following the date of original delivery of the motor vehicle to a consumer, whichever comer first, but the nonconformity or the defect still exists or
- The vehicle is out of service by reason of repair for a cumulative total of forty or more days during such term or during such period, whichever is the earlier date. The term of an express warranty, such one-year period, and such forty-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, or strike, or fire, flood, or other natural disaster. In no event shall the presumption provided in this section apply against a manufacturer unless the manufacturer has received prior written direct notification by certified mail from or on behalf of the consumer and an opportunity to cure the defect alleged.
Laws 1983, LB 155, § 4.
60-2705
Dispute settlement procedure; effect; director; duties
The Director of Motor Vehicles shall adopt standards for an informal dispute settlement procedure which substantially comply with the provisions of 16 C.F.R. part 703, in existence as of February 22, 1983. If a manufacturer has established or participates in a dispute settlement procedure certified by the Director of Motor Vehicles within the guidelines of such standards, the provisions of section 60-2703 concerning refunds or replacement shall not apply to any consumer who has not first resorted to such a procedure.
Laws 1983, LB 155, § 5.
60-2706
Statute of limitations
Any action brought under sections 60-2701 to 60-2709 of Nebraska lemon law shall be commenced within (1) one year following the expiration of the express warranty term or (2) two years following the date of original delivery of the motor vehicle to a consumer, whichever comes first.
Laws 1983, LB 155, § 6.
60-2707
Attorney's fees; when allowed
In any action that is brought under sections 60-2701 through 60-2709 the court shall award reasonable attorney's fees to the prevailing party if the prevailing party is the consumer.
Laws 1983, LB 155, § 7.
60-2708
Sections, how construed
Nothing in sections 60-2701 to 60-2709 of Nebraska lemon law shall in any way limit the rights or remedies which are otherwise available to a consumer to safeguard his/her rights under any other law.
Laws 1983, LB 155, § 8.
60-2709
Applicability of sections
Under to Nebraska lemon law, these sections 60-2701 to 60-2709 shall apply to motor vehicles beginning with the manufacturer's 1984 model year.
Laws 1983, LB 155, § 9.