The Lemon Law in Nevada is designed to protect consumers from defective vehicles. Purchasing a new or used car is often a significant investment and discovering that the car has recurring defect issues can be both frustrating and costly.
Nevada’s Lemon Law ensures that consumers are not left bearing the burden of a defective vehicle by holding manufacturers accountable. In this article, we’ll explore what qualifies a vehicle for protection under Nevada’s Lemon Law, detailing its scope, criteria to qualify, and recovery process.
Nevada’s Lemon Law is officially codified under Nevada Revised Statutes (NRS) 597.600-597.688. The law primarily applies to new vehicles that are under warranty and have significant defects affecting their use, value, or safety. Unlike some states, Nevada’s Lemon Law does not extend to used vehicles unless they are still covered by the original manufacturer’s warranty and have defects repaired within 1 year from original delivery to the first purchaser.
The Lemon Law protects consumers who lease or purchase a new vehicle for personal, family, or household use. Commercial vehicles or vehicles bought for resale purposes are excluded. To qualify, the defect must occur during the first year of ownership or within the warranty period, whichever comes first (NRS 597.630).
Nevada’s Lemon Law applies specifically to new vehicles, including cars, SUVs, vans, trucks, and motorcycles under 10,000 pounds. Motorhomes, and off-road vehicles are typically not covered. Vehicles must be registered in Nevada, and the Lemon Law applies whether the consumer buys or leases the vehicle.
The defect must substantially impair the vehicle’s use and value. For example, issues with the engine, brakes, or steering system that affect safe operation would qualify. Minor cosmetic defects or problems that do not impede the vehicle’s functionality (such as a defective cupholder) are generally excluded.
The vehicle must be under the manufacturer’s warranty. If the defect arises during the warranty period, the manufacturer or its authorized dealer is responsible for repairing it.
A vehicle qualifies as a lemon if the manufacturer fails to fix the problem after a “reasonable number of attempts.” In Nevada, this is typically defined as:
Four or more repair attempts for the same defect or condition, with no resolution.
Possibly three repair attempts for a very substantial defect or conditions.
The vehicle being out of service for 30 or more cumulative days due to repairs within the warranty period (NRS 597.620).
Proper documentation is crucial when pursuing a Lemon Law claim in Nevada. Consumers should keep records of all repair attempts, including repair orders, work orders, invoices, and correspondence with the dealer or manufacturer. Additionally, it’s essential to document how the defect impacts the vehicle’s usability or safety.
For instance, if a defect prevents the vehicle from starting reliably, the consumer should note the dates and times the problem occurred. Photos or videos showing the defect can further strengthen the case.
If a vehicle qualifies as a “Lemon,” Nevada law allows consumers to choose between two remedies:
The manufacturer can provide a comparable new vehicle to replace the defective one.
Consumers can opt for a full refund of the purchase price, including taxes, registration fees, and possibly incidental costs like towing or rental cars. The manufacturer may deduct a “reasonable allowance” for the consumer’s use of the vehicle.
Consumers must formally notify the manufacturer in writing about the defect.
If prelitigation out-of-court negotiation does not lead to a fair and amicable resolution, the consumer may pursue legal action. If a manufacturer has a legally compliant arbitration program, then arbitration must be sought before filing a lawsuit. If the result of arbitration is unacceptable then a lawsuit can be filed. A Lemon Law attorney can help file a lawsuit, presenting evidence that the defect and repair attempts meet the state’s criteria.
While Nevada’s Lemon Law offers strong protections, it has limitations. For example:
As mentioned, the law does not cover used vehicles unless they remain under the manufacturer’s original warranty and the repairs occur within the first year of delivery of the vehicle to the original owner.
Repairs performed outside the warranty period are typically not covered. An exception to that is to show that a defect continues to exist despite a reasonable number of repair attempts having been undertaken.
Alterations or modifications to the vehicle can void the warranty, disqualifying it from Lemon Law protection.
If a vehicle does not qualify under Nevada’s Lemon Law, consumers may still have recourse under the federal Magnuson-Moss Warranty Act. This law requires manufacturers to uphold their written warranties and provides protections for used vehicles that are still covered under the manufacturer’s warranty. Consumers can use this law to seek compensation for defective warranted consumer products, including vehicles, regardless of state-specific Lemon Laws.
Navigating Nevada’s Lemon Law can be complex, especially when disputes arise between consumers and manufacturers who are sophisticated and legally trained. Consulting a Lemon Law attorney can make the process smoother by ensuring that all paperwork is disclosed correctly and that the consumer’s rights are fully protected by a legally trained advocate whose duty is to act in the consumer’s best interest.
Attorneys with expertise in Lemon Law can also advise on alternative strategies if the case does not meet Nevada’s specific qualifications but might still be eligible for compensation under federal law. The Amar Law Group can help. Contact us today for more information about your rights under Nevada’s Lemon Law.
Nevada’s Lemon Law provides essential protection for consumers dealing with defective vehicles. To qualify, the car or motorcycle must have a substantial defect covered under the manufacturer’s warranty, and repair attempts must meet the state’s criteria. By understanding these qualifications and documenting issues thoroughly, consumers can ensure they receive the remedies they deserve. When in doubt, legal advice can be invaluable in navigating the complexities of Lemon Law claims.
Nevada Revised Statutes (NRS) 597.600-597.688. Lemon Laws for Motor Vehicles. Retrieved from https://www.leg.state.nv.us
Magnuson-Moss Warranty Act. (1975). 15 U.S.C. § 2301 et seq.
Nevada Department of Motor Vehicles. (n.d.). Lemon Law and Arbitration. Retrieved from https://dmv.nv.gov
National Consumer Law Center. (2020). Lemon Law Basics. Retrieved from https://www.nclc.org
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.
