When someone purchases a product, specifically a vehicle, they expect that product to work properly and as intended. Unfortunately, sometimes vehicles are defective despite being brand new, and consequently not safe for consumer use. To keep Nevada car dealers from selling these defective vehicles — and to protect the public from danger — state legislators have established regulations addressing this specific issue. These regulations are referred to as “lemon laws” and exist across the United States.
Lemon Laws Explained
Nevada lemon laws are governed by Nevada Revised Statutes (NRS) 597.600 through 597.688. These laws offer a legal remedy for consumers who purchased new automobiles that fail to meet quality and performance standards, requiring constant repairs, to hold car manufacturers who sold these vehicles legally and financially responsible. Under the law, consumers have a right to either a replacement vehicle or a refund after a certain number of failed repair attempts.
A vehicle is considered a lemon under Nevada law if the following circumstances apply:
- A non-conformity to an express warranty;
- The non-conformity significantly affects the market value of the car;
- The consumer reports the issue within a year of the original delivery date to the first buyer, or prior to the expiration of the express warranty;
- The car manufacturer is unable to repair the vehicle’s defect within four attempts within a 30-day time frame of the car being out for repairs.
If you think you have a lemon in Nevada, know that the vehicle’s manufacturer must issue you a refund or replace the car. A refund includes the purchase price of the vehicle, plus any taxes and fees. Notably, the total amount refunded can be slightly reduced for the time frame you possessed and drove the car. If the manufacturer offers a replacement vehicle, the care must be a comparable model with similar features.
Pursuing a Lemon Law Claim
There are several steps you must take in order to properly pursue a Nevada lemon law case. First, you must initiate the claim by notifying the vehicle dealership — in writing — of the car’s defects. Prior to filing a lawsuit in Nevada court, many vehicle manufacturers have a system in place to handle lemon law complaints which must be pursued prior to going to court. Not following the right procedure with the car manufacturer could result in your lawsuit being dismissed by a Nevada court. If you have notified the car manufacturer within the one-year time period following the purchase of the car or within the express warranty, and the manufacturer is not complying with your request, you can then pursue your claim further though legal action.
The Nevada statute of limitations, or deadline for filing a lemon lawsuit, is 18 months from the original date of delivery of the vehicle to the buyer. If a claimant is successful in a Nevada lemon law case, the manufacturer will be held legally and financially liable for damages as well as attorney’s fees.
We Can Help
If you or someone you know is dealing with a lemon, know that you have rights under Nevada law. Contact the skilled personal injury attorneys at H&P Law for your initial case evaluation.
