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Summary
Nevada lemon law applies to consumers who bought or leased a new vehicle with substantial problems or defects. However, for Nevada lemon laws to be applied, the vehicle must be new, there must be significant defects, the defect must be reported, and the seller must be given reasonable repair attempts.
Table of Contents
What Is the Lemon Law in Nevada
The Nevada lemon law falls under consumer rights law and is outlined in Nevada Revised Statutes NRS 567.600 through NRS 597.688.
The Nevada Lemon law protects consumers who purchase or lease a new vehicle that unknowingly has considerable defects or problems.
Vehicles with substantial defects that significantly impact their use, value, or safety are referred to as lemon vehicles; however, specific requirements must be met for a vehicle to qualify as a lemon vehicle.
What Qualifies for Lemon Law in Nevada?
State lemon law sets qualifications a vehicle must meet in order to be considered a lemon vehicle.
Nevada consumers cannot obtain a lemon law refund or pursue any other legal action if their vehicle does not meet these qualifications.
Must Be a New Vehicle
The Nevada and federal lemon law only applies to new vehicles purchased or leased.
The Nevada lemon law will not protect used vehicles, motorcycles, motorhomes, and off-road vehicles.
Significant Defects
To be considered a lemon car, a vehicle must have a significant issue that impairs its use, value, or safety.
A vehicle with cosmetic or minor defects, such as low tire pressure or worn windshield wipers, will not qualify for lemon law protection.
Seller Must Be Given Reasonable Repair Attempts
Under NRS 597.630, the car manufacturer, authorized repair facility, or seller must be allowed to repair the vehicle a reasonable number of times.
However, this "reasonable number of times" has strict time limits, which are:
- A maximum of four unsuccessful repair attempts for the same defect
- The vehicle is out of service for a total of 30 or more days for repairs
If the vehicle meets any of the requirements listed in the bullets above, Nevada lemon law allows you to file a legal claim to obtain a cash compensation settlement.
Defect Must Be Reported
For purchased or leased vehicles, the defect must be reported through a written notice to the manufacturer or seller within one year of delivery or before the written warranty period expires.
If the express warranty expires or it's over a year since delivery, the Nevada lemon law will not be able to protect you.
Exceptions to Nevada's Lemon Law
While the Nevada lemon law entitles you to protection when a newly purchased or leased car is considered to be a defective vehicle, there are exceptions to where you'll not be able to take civil action or obtain a replacement vehicle.
The Nevada-specific lemon law exceptions are:
- Exception #1 Vehicle Is Used: Under lemon law, your vehicle qualifies as defective only if it was newly purchased or leased in Nevada; used cards, even with a warranty, may not be covered.
- Exception #2: Off-Road Vehicles and Motorhomes: Nevada's lemon law excludes off-road vehicles and motorhomes from protection, regardless of whether they are new or under warranty.
- Exception #3 Commercial Vehicles: Vehicles used primarily for business purposes, such as transporting goods that weigh more than 12,000 pounds, are not eligible for any lemon law protections in Nevada.
- Exception #4: Owner Misuse or Neglect: If problems with the defective vehicle resulted from owner misuse, neglect, or modifications, the motor vehicle would not be protected under the lemon law.
- Exception #5 Failure to Notify the Manufacturer: Under NRS 597.630, consumers who don't notify the car manufacturers of the vehicle defect through a written notice may lose lemon law protections.
- Exception #6 Expired Warranty or Past One Year: If the express warranties on the vehicle are expired or the defect occurs one year after delivery of the vehicle, you may not be able to seek a new vehicle under Nevada car return law.
How to Bypass These Exceptions
If you seek to obtain cash compensation or a new vehicle through lemon law but your vehicle falls under one of the exceptions, you may have options to bypass these exceptions, such as:
- Filing a claim under the federal law 15 U.S.C. §§ 2301-2312 Magnuson-Moss Warranty Act.
- Filing a warranty claim directly with the manufacturer or dealership.
Does Lemon Law Apply to Private Sales in Nevada?
In Nevada, lemon law does not apply to private sales.
However, federal lemon law does cover private sales.
How Is a Car Reported as a Lemon?
To avoid potential complications, a newly purchased or leased vehicle must be reported as a lemon in accordance with the lemon laws outlined in NRS 597.600 - NRS 597.688.
Document the Vehicle Defect
When you believe you have a defective vehicle, immediately document the defect and ensure that detailed records of the issues, dates of occurrence, and how they affect the car's functionality are included.
In addition, for lemon laws to apply, you must ensure that the defect substantially impairs the motor vehicle's use, value, or safety.
Take the Car to an Authorized Repair Shop
Once you determine that your vehicle has a defect, take the vehicle to the manufacturer's authorized repair facility and NOT a third-party car repair.
By turning the car into the manufacturer's repair facility, you are giving them a reasonable number of attempts to repair the vehicle, which under NRS are:
- Four repair attempts for the same defect
- The vehicle is out of service for 30 total days
During this stage, keep documents of the repair history in case you need to seek protection under the lemon law.
Notify the Manufacturer About the Vehicle
Under NRS 597.630, in order for lemon laws to protect consumers, the consumer must provide the vehicle manufacturer with a written notice; this notice should include information on:
- The defect
- Previous repair attempts
- Request for final repairs or resolution
This written notice provides the manufacturer with one last chance to fix the defect.
Pursue Legal Action
If, after providing the vehicle manufacturer with a written notice, the vehicle defect still remains unresolved, you may be able to seek a replacement vehicle or cash compensation through:
- Manufacturers arbitration program
- Lemon lawsuit
If you plan on filing a lawsuit, it's highly recommended that you obtain a free case review from an experienced Nevada lemon law attorney to better understand your situation.
What Types of Damages Can You Seek in a Lemon Lawsuit
Nevada lemon laws allow you to seek various economic damages through a lemon law claim.
Commonly sought damages in lemon law claims are:
- Refund: If the vehicle is considered a lemon and you file a claim, you can receive a refund for the full purchase price of the vehicle.
- Replacement Vehicle: If you reject the financial refund, the manufacturer may also offer a replacement vehicle of comparable value.
- Miscellaneous Damages: The lemon automobile can be compensated for damages caused by towing fees, rental car costs, repair costs, and any other out-of-pocket costs related to the vehicle.
- Legal Fees: Compensation for attorney fees and court costs can be awarded in a court settlement.
- Loss of Value: If the defect affected the vehicle's resale value and it was traded or resold, you can seek compensation for the loss.
If you wish to obtain the best possible lemon law resolution, you should contact a local lemon law firm that can help you with your lemon law claim.
Statute of Limitations for Filing a Lemon Lawsuit in Nevada
Under Nevada lemon law, the statute of limitations for filing a lemon lawsuit is 18 months from the date of the vehicle's original delivery or before the expiration of the warranty.
When Will Federal Lemon Law Apply to Your Lemon Law Case
Federal law may sometimes trump state law and take effect in your lemon case under the Federal Magnuson-Moss Warranty Act.
Federal law applies in cases such as:
- Breach of Warranty: Federal lemon laws may apply when car companies breach warranty claims, such as if buyers' vehicles remain defective while covered under warranty.
- Used Vehicles: While Nevada lemon laws do not cover used vehicles under the Magnuson-Moss Warranty Act, a used car may be covered if sold with an express written warranty.
Schedule a free consultation with a Nevada lemon law attorney to learn if federal law applies to your case.
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