For Your Reference
- 1 Nevada lemon law
- 2 Lemon Law Coverage-What’s Covered?
- 3 When Can Your Rely On this Law?
- 4 What Are The Provisions and Limits of The Lemon Law?
- 4.1 What Are A Consumers Obligations Under The Nevada Lemon Law?
- 4.2 What Is Consider Reasonable?
- 4.3 What Happens if A Dealer Can’t Repair The Problem Within a Reasonable Amount of Times?
- 4.4 Who Is Entitled To Refunds?
- 4.5 Am I Out Of Luck If I Am Not Covered Under Nevada’s Lemon Law?
- 4.6 Magnus-Moss History
- 4.7 What Is Required Under Magnus Moss?
- 5 Conclusion
Nevada lemon law
The Nevada State Lemon Law is at Nevada Revised Statutes, (NRS 597.60) and is titled “Repair to Conform to Express Warranties.” This statute requires a new car to conform to specific standards that an average buyer would expect of a new motor vehicle. One such rule or presumption is that you should be able to rely on your newly purchased car to star in the morning and not have it be a frequent visitor at the dealership. So, a new car that breaks down regularly (lemon car) is in non-conformance.
Nevada Lemon Law requires an auto manufacturer to fix the non-conformity or give the buyer a refund, which sounds quite simple. However, there are obligations, which I’ll explain, that the consumer must meet before they can enforce Nevada’s Lemon Law statute.
All 50 of the United States have Lemon Laws, and the vast majority of these statutes only work for new cars. Currently, only six states Lemon Laws cover used motor vehicles.
Lemon Law Coverage-What’s Covered?
NRS 597.60 applies to any motor vehicle that can be legally driven on a highway.
The following motor vehicles aren’t covered under Nevada’s Lemon Law:
- Motor Home
- Electric Bicycle or Scooter
- Motorized Wheel Chair
- Non-Street Legal Dirt Bike
However, motorcycles and gas-powered motor scooters are covered.
When Can Your Rely On this Law?
Under NRS 597.60, a consumer can rely on the Nevada Lemon law if their car breaks down during the “Express Warranty” or a year after the vehicle was received. I.e., If your new car only has a six-month warranty, you would still be covered if your car has issues within nine months of the automobile being delivered.
Express Warranty-Is the time car manufacturers agree to repair their product within a specified time period.
An exception to the express warranty time limitations is when car buyers cannot take advantage of any applicable express warranties because of a problem that is out of his or her control. (I.E., war, strike, natural disaster, etc.)
Is Every Car Covered Under The Nevada Lemon Law?
No, it is only applicable to a motor vehicle that you bought for yourself or your family for household purposes. Also, assuming If the strict, Nevada Lemon Law time limits are followed this law isn’t limited to the original buyer of the defective vehicle. The Nevada Lemon Law does not work though if the car was purchased for resale.
What Are The Provisions and Limits of The Lemon Law?
The Nevada Lemon law is limited to defects, which substantially impairs the use and value of a vehicle. I.E., Lemon Laws are applicable if the transmission needs to be replaced after having the car for a month, and it will take over a month to get a transmission fixed.
To be covered under NRS 597.60, the motor vehicle is not required to be not working, as it also applies if the car defects limit the vehicle’s value. A prime example of this would be, air conditioning not working in Las Vegas. However, NRS 597.60 would not likely apply for a more inconvenience like a loose window visor.
Also, the Nevada Lemon Law doesn’t apply if the vehicle wains abused, neglected, or if it had unauthorized modifications or alterations. Some examples of abuse could be if you negligently drove the vehicle in a flood and the car became submerged, or you went off-roading in a Toyota Prius. Neglect would happen if you drove with the check oil light, which resulted in the engine blowing out. The unauthorized modification could occur if you install aftermarket parts on your car that results in your transmission being blown out.
What Are A Consumers Obligations Under The Nevada Lemon Law?
To gain protection under the Nevada Lemon Law, a consumer must do the following:
- The car buyer must report car problems to the manufacturer and allow them to fix any defect.
- Enforce the law within the time limit of 18 months from the date that the motor vehicle was first delivered to you.
So, as long as is their communication with the car manufacturer and a lawsuit is filed within 18 months, there will be covered.
What Is Consider Reasonable?
As stated, the Nevada Lemon law requires that a consumer must first give the car manufacturer a chance to fix any defect. However, they do not have to be given an unlimited number of repair attempts.
Reasonable time has different meanings between a car owner and motor vehicle manufacturers. For example, a consumer who purchases a luxury Ferrari could think that because of the premium price that they paid for their car, any type of repairs that may be needed is unreasonable. Alternatively, car manufacture might argue that it is reasonable to be given ten chances to fix a defect.
As a result, of the above differences, Nevada defines explicitly what is considered to be reasonable:
- Four Times-Four attempts are made to repair the defect within either the time that the express warranty is valid or 1 year after the original delivery of the motor vehicle.
- 30 Days-It is in the auto shop for 30 days or more when it is under the warranty or 1 year from the original car delivery.
What Happens if A Dealer Can’t Repair The Problem Within a Reasonable Amount of Times?
A buyer can request the following If after giving the car manufacturer a reasonable number of chances to fix a defect and the problem still occurs, a buyer can request the following compensation:
- Replacement Vehicle-Accept a replacement vehicle of the same model with the same features, or If the defective vehicle can’t be replaced, a comparable car can be substituted.
- Refund-Give3 the buyer their money back for the full purchase price, which must include reimbursement for sales taxes, license fees, and registration fees, and any other applicable costs or fees, which is sometimes called a Lemon Law buyback.
Limitations-A refund price of the defective car is reduced by a usage fee, which is calculated by how you were able to drive the car without having any problems. As a result, if the car was working fine for a month before the transmission blew out, the manuacturer is only required to refund you to the price of the car, plus the applicalbe fees, minus the one month use that you were able to driver the car withouth any problems.
Who Is Entitled To Refunds?
You would get back what you are entitled if you bought the car for cash. However, if your car is financed, the auto lienholder (“financer”) would get the money.
Am I Out Of Luck If I Am Not Covered Under Nevada’s Lemon Law?
If you aren’t covered under Nevada’s Lemon Law, you may still be able to get remedies under the 1975 Magnus-Moss Federal Warranty Act. This law is also sometimes called the Federal Lemon Law. This Federal Lemon Law applies to ALL, warranted, consumer products that are worth more than $25. Magnus-Moss doesn’t require a warranty; it just requires making sure that warranties are straight forward and not misleading.
This Magnus-Moss Act makes it easier for you to sue alleged violators or solve disputes by way of alternative dispute resolution. (“ADR”) I would recommend that you contact an attorney for a free consultation if you feel that you may have a cause of action under the Magnus-Moss Act.
Before 1975, many warranties tended to be misleading and full of disclaimers. The Magnus-Moss Act’s goal was to fix this issue by requiring any warranties to be written, understandable, and enforceable. The Magnus-Moss was enacted in an attempt to fix this problem
What Is Required Under Magnus Moss?
Magnus-Moss Statute requires the following for any warranty:
- Sellers must be sure to tell the seller that the product that they are purchased is covered under warranty.
- The terms must be clear and easy to read.
- It must expressly state if it is either limited or full.
The Nevada Lemon Law may seem simple at first. However, depending upon the car manufacturer, you may have a hard time enforcing this law if you have not hired a lemon law attorney to represent you. For instance, it is easy for you to make an innocent mistake when you are not a legal professional. This honest mistake may result in the car manufacturer denying your Lemon Law remedy. Also, when you don’t have a lawyer, an auto manufacturer may claim that you had abused your car when you received an oil change at a Jiffy Lube instead of the dealer where you bought your car.
These are a few of the many situations that can occur without legal representation. However, by hiring a Lemon Law attorney, you will be less likely to encounter problems, and you will be able to get your issue resolved quicker.