Understanding Nevada’s Lemon Law: Consumer Protections for Faulty Vehicles

According to the Consumer Rights Protection Center, the Nevada Lemon Law safeguards consumers who purchase cars, motorcycles, and other street-legal vehicles, ensuring protection when a defect or condition negatively impacts the vehicle’s use, value, or safety [1].

Consumers are entitled to protection if their vehicle has undergone an unreasonable number of repairs or spent an unreasonable amount of time in the shop.

Even if the vehicle appears fixed after the last repair, the history of unreasonable repairs and the inconvenience endured are grounds for recovery.

The law provides a presumption in favor of consumers if a vehicle has been in the shop a certain number of times or days, typically four or more repairs for the same issue or 30 or more days out of service.

This presumption assists in proving Lemon Law claims but is not a barrier; valid claims can still be made based on an objectively unreasonable repair history as determined by an average person’s perspective.

Overview of the Magnuson-Moss Warranty Act: Consumer Protection for Product Warranties

The Magnuson-Moss Warranty Act is a federal law that regulates consumer product warranties, ensuring that consumers’ rights are protected by outlining the obligations of warrantors offering written warranties. This Act also restricts the limitations that can be placed on implied warranties, which are automatically provided by law with the sale of consumer products.

The Magnuson-Moss Warranty Act mandates three key requirements for manufacturers, sellers, or warrantors of consumer products:

Written warranties must be labeled as either “full” or “limited.”
Warranties must clearly describe their coverage using plain language.
Warranties must be accessible to consumers wherever the covered product is sold.

Additionally, the Act imposes specific restrictions on implied warranties, which assure that products will meet reasonable expectations of quality and performance. For example, in the case of automobiles, implied warranties ensure that the vehicle is safe and reasonably free from defects. The Act prevents written warranties from diminishing the coverage of implied warranties, although a written limited warranty can align its duration with that of an implied warranty.

The Magnuson-Moss Warranty Act protects consumers by making it easier to file breach of warranty claims after purchasing “lemons.” Most importantly, the Act allows consumers to recover attorneys’ fees, court costs, and other expenses when they prevail

Nevada Lemon Law: How to Determine if Your Vehicle Qualifies and Steps to Take

According to SCLG, to qualify as a lemon under Nevada’s lemon law, your new vehicle must meet the following four criteria [2]:

The vehicle has a defect that violates its express warranty (a “nonconformity”).
You report the issue within one year of the car’s original delivery date to the first purchaser or before the express warranty expires.
The manufacturer fails to fix the defect after four repair attempts or the vehicle is in the shop for 30 days.
The defect significantly affects the car’s market value.

Note that Nevada’s lemon laws do not apply to used cars, motor homes, or off-road vehicles.

Replacement or Refund for Lemon Vehicles

If your vehicle is deemed a lemon in Nevada, the manufacturer must either replace it with a comparable model or refund you the purchase price, including taxes and fees. However, the manufacturer can deduct a “reasonable allowance” for the time you used the vehicle.

Initiating a Lemon Claim

To start a lemon claim, you must notify your dealership in writing about the vehicle’s defects within one year of the original delivery date or during the warranty period. The manufacturer typically has a dedicated division to handle these claims.

If the manufacturer does not resolve the issue through a buyback or replacement, you can then proceed with a formal lemon lawsuit. Even if you go through arbitration and disagree with the decision, you still have the right to file a lawsuit.

Statute of Limitations

In Nevada, you have 18 months from the original delivery date to file a lemon lawsuit. This is contingent upon notifying the manufacturer of the defect within one year of the original delivery date or before the express warranty expires.

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If you feel your right was violated on any of these matters, contact a car accident attorney, who can help protect your rights.

Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:
1. https://nevadalemonlaw.us/lemon-laws/
2. https://www.shouselaw.com/nv/blog/nevada-lemon-law-5-things-consumers-need-to-know/

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