Nebraska Lemon Law
Lemon Laws like those found in Nebraska or under federal law (the Magnuson-Moss Warranty Act) provide for compensation to Nebraska consumers of
defective vehicles and products, including automobiles and trucks, SUV's and motorcycles, RV's, boats, computers and other consumer appliances
and products. You must generally have a product that suffered multiple repair attempts under the manufacturer's factory warranty to qualify for
a Lemon Law. Lemon Law compensation can include a refund, replacement or cash compensation. If you think you've got a lemon, knock out your lemon
by calling 888 KO LEMON (888-565-3666), click here for a free Nebraska Lemon Law case review, or for an immediate
evaluation, simply fax or email your repair records to 866-773-6152. An experienced Lemon Law attorney
will personally review your inquiry and records and quickly contact you for a free consultation.
Nebraska State Statutes
Chapter 60, Sections 2701 - 2709
60-2701 Terms, defined.
As used in sections 60-2701 to 60-2709, unless the context otherwise requires:
(1) Consumer shall mean the purchaser, other than for purposes of resale, of a
motor vehicle normally used for personal, family, household, or business purposes, 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;
(2) Motor vehicle shall mean a new motor 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
(3) Manufacturer's express warranty shall mean the written warranty, so
labeled, of the manufacturer of a new motor vehicle.
60-2702 Motor vehicle not conforming to express warranties.
If a motor vehicle does not conform to all applicable express warranties, 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.
60-2703 Manufacturer's duty to replace vehicle or refund price.
If the manufacturer, its agents, or authorized dealers are unable to conform the motor
vehicle to 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 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
lien holder, 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.
60-2704 Attempts to conform motor vehicle to warranties.
It shall be presumed that a reasonable number of attempts have been undertaken to
conform a motor vehicle to the applicable express warranties, if
(1) the same nonconformity has been subject to repair four or more times 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 is the earlier date, but such nonconformity continues
to exist or
(2) 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
60-2705 Dispute settlement procedure.
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
60-2706 Statute of limitations.
Any action brought under sections 60-2701 to 60-2709 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 is the earlier
60-2707 Attorney's fees; when allowed.
In any action brought under sections 60-2701 to 60-2709 the court shall award
reasonable attorney's fees to the prevailing party if the prevailing party is the
60-2708 Sections, how construed.
Nothing in sections 60-2701 to 60-2709 shall in any way limit the rights or remedies
which are otherwise available to a consumer under any other law.
60-2709 Applicability of sections.
Sections 60-2701 to 60-2709 shall apply to motor vehicles beginning with the
manufacturer's 1984 model year.
Lemon Law Summaries
Lemon Law Statutes