Buying a new vehicle can be an exciting experience, but for some consumers, this excitement is short-lived when their purchase turns out to be defective – a true blue Lemon vehicle in Nevada. Fortunately, Nevada’s lemon law exists to protect consumers who have bought defective vehicles.
Understanding the legal nuances of the Lemon Law in Nevada is crucial for vehicle buyers who face issues with their purchases. This article explores the most common Lemon Law issues in Nevada, the legal process involved, and what consumers can do to protect themselves.
Frustrated and stressed over a lemon vehicle in Nevada? Call the Amar Law Group at (702) 852-2929 today if you’re tired of being saddled with a “Lemon” vehicle.
A Nevada Lemon Law attorney can make all the difference and give you peace-of-mind with a potential out-of-court resolution. You can also fill up a form to get a FREE case evaluation.
Nevada’s Lemon Law is designed to provide relief to consumers who purchase new vehicles that fail to meet quality and performance standards. Under Nevada Revised Statutes (NRS) 597.600-597.680, the law covers vehicles that have substantial defects impairing their use and value. These defects must occur within the first year of ownership or before the warranty expires, whichever comes first. The law mandates that manufacturers either timely repair the vehicle or provide a replacement or refund if the defect cannot be resolved after a reasonable number of repair attempts or time.
It is important to note that Nevada’s Lemon Law applies primarily to new vehicles under a year old. Used vehicles that have repairs done outside of a year from original delivery of a vehicle do not qualify under the Nevada Lemon Law (but may be covered by the Federal Lemon Law if they are still under warranty).. Consumers should also be aware that the law does not cover issues arising from misuse, neglect, or unauthorized modifications to the vehicle.
One of the most frequent issues consumers face is the existence of mechanical or safety-related defects in their vehicles. These problems often include engine failure, transmission issues, brake malfunctions, and electrical system failures. Defects that compromise the vehicle’s safety, such as faulty airbags or steering problems, also fall under the Lemon Law’s purview.
Cosmetic issues, such as minor trim pieces, are typically not covered under the lemon law unless they significantly impact the vehicle’s use, value or safety. The law focuses on substantial defects that affect the vehicle’s operation and overall reliability. Understanding this distinction is crucial for consumers attempting to determine whether their issue qualifies under the Lemon Law.
A pivotal aspect of Nevada’s lemon law is the “reasonable number of repairs” standard. The law does not specify an exact number of repair attempts that must be made before a vehicle is deemed a “Lemon.” Instead, it provides general guidelines called presumptions that shift the burden of proof to the manufacturer if met.. For example, if the manufacturer has made four or more attempts to repair the same substantial issue without success, or if the vehicle has been out of service for 30 or more days due to repairs, it will likely qualify as a “Lemon.”
This standard can sometimes lead to disputes between consumers and manufacturers. Consumers may feel that repeated attempts to repair the vehicle’s issues are excessive, while manufacturers may argue that the problem does not meet the criteria for a “Lemon.” In such cases, seeking legal assistance to resolve the matter may be necessary.
For consumers who suspect their vehicle is a “Lemon,” there are several key steps to take. First, it is essential to keep detailed records of all repair attempts, including invoices, work orders, and communication with the manufacturer or dealership. Documentation is critical in building a strong case under the Lemon Law.
In Nevada, successful claimants may be entitled to a replacement vehicle, a refund of the purchase price, or other remedies. Additionally, Federal law allows for the recovery of attorney’s fees, making it more accessible for consumers to pursue their claims.
Despite the protections offered by Nevada’s Lemon Law, consumers often face challenges in pursuing their claims. One common issue is the burden of proving that the defect substantially impairs the vehicle’s use and value. Manufacturers may argue that the defect is minor or that it resulted from improper use of the vehicle.
Arbitration may not result in a favorable outcome for consumers because it is paid for by manufacturers.
Consulting with a Nevada lemon law attorney first will always be the better option.
Additionally, many consumers are unaware of the time limits for filing a Lemon Law claim. As previously mentioned, the defect must occur within the first year of ownership under warranty. Additionally there is 18 months from the original delivery of the vehicle to file a claim. Failure to act within this timeframe can result in the loss of legal rights under the Lemon Law.
In addition to Nevada’s Lemon Law, consumers may have recourse under the federal Magnuson-Moss Warranty Act. This law provides protection for consumers who purchase defective products, including vehicles. Unlike Nevada’s Lemon Law, the Magnuson-Moss Warranty Act applies to both new and used vehicles over a year old, as long as they come with a manufacturer’s warranty that is still in effect.
While the two laws share similarities, there are key differences in their application and remedies. For example, the federal law may allow claims for less severe defects that still breach the warranty terms. Consumers should consider both options when pursuing a claim and consult with an attorney to determine the best course of action.
The best way to avoid Lemon Law issues is to take precautions before purchasing a vehicle. Conducting thorough research on the make and model of the car, checking reviews and reliability ratings, and requesting a pre-purchase inspection can help identify potential problems.
Consumers should also carefully review the terms of the vehicle’s warranty and understand what is covered. Knowing the warranty’s limitations and exclusions can help set realistic expectations and prevent misunderstandings down the road. Additionally, buyers should save all documentation related to the purchase and maintenance of the vehicle, as this information may be crucial in the event of a dispute.
Nevada’s Lemon Law provides valuable protections for consumers who purchase defective vehicles, but navigating the legal process can be challenging. By understanding the law’s requirements, keeping detailed records, and seeking professional advice when needed, consumers can maximize their chances of a successful claim. For those who encounter difficulties, the federal Magnuson-Moss Warranty Act offers an additional layer of protection.
Ultimately, being informed and proactive is the best way for consumers to protect their rights and avoid the frustration of dealing with a “Lemon.” By taking the time to understand Nevada’s lemon law and following the proper steps, buyers can ensure they receive the quality and reliability they expect from their vehicle purchase.
Nevada Revised Statutes (NRS) 597.600-597.680. Retrieved from https://www.leg.state.nv.us/NRS/NRS-597.html
Nevada Department of Motor Vehicles. (n.d.). Lemon Law in Nevada. Retrieved from https://dmv.nv.gov/
National Highway Traffic Safety Administration. (n.d.). Consumer Guide to Vehicle Defects and Recalls. Retrieved from https://www.nhtsa.gov/recalls
Legal Information Institute. (n.d.). Magnuson-Moss Warranty Act. Retrieved from https://www.law.cornell.edu/
By: Shalev Amar, Esq.
Shalev Amar is the Founder and Manager of Amar Law Group. Prior to founding Amar Law Group, Mr. Amar was a Managing Partner for twelve years of a consumer law firm that exclusively handled motor vehicle claims on behalf of consumers.
