Purchasing a new vehicle is a significant investment, and consumers have the right to expect that the vehicle they buy will function as promised. Unfortunately, not all vehicles meet these expectations. When a car repeatedly fails to meet quality and performance standards, it may be classified as a “Lemon.”
Each state in the United States has its own Lemon Law, designed to protect consumers from defective vehicles. In Nevada, the Lemon Law outlines specific criteria determining what constitutes a “Lemon” vehicle.
Call the Amar Law Group at (702) 852-2929 today if you feel that you purchased a “Lemon” vehicle. We will help you navigate the complexities of Nevada’s Lemon Law if you are interested in pursuing a Lemon Law claim out-of-court as approximately 95% of the Lemon Law matters our Firm handles resolve without any lawsuit. Alternatively, you can fill up a form to get a FREE case evaluation for your Lemon vehicle.
Under Nevada Lemon Law, a “Lemon” vehicle is one that has a substantial defect, nonconformity, or condition that affects its use and value and cannot be repaired after a reasonable number of repair attempts or time. Nevada’s Lemon Law primarily applies to newer vehicles, including cars, trucks, and SUVs, purchased or leased in the state. The defect, nonconformity, or condition must occur within the vehicle’s warranty period or one year from the date of delivery, whichever comes first.
Moreover, to qualify as a “Lemon,” the defect must not be the result of the owner’s misuse or neglect. Additionally, the manufacturer or its authorized repairing dealer must have been given a reasonable opportunity to repair the defect, nonconformity, or condition typically defined as four or more repair attempts for the same issue or if the vehicle has been out of service for a cumulative total of 30 days or more due to all warranty repairs.
Nevada’s Lemon Law applies to new vehicles sold or leased in this state. This includes passenger cars, light trucks, and motorcycles. However, it does not cover used cars over 18 months old, off-road vehicles, or RVs. The law also excludes any modifications made to the vehicle after purchase that might have caused the defect.
It is important to note that the Lemon Law in Nevada applies to vehicles used primarily for personal, family, or household purposes. Commercial vehicles are not covered under this law.
A key aspect of determining whether a vehicle qualifies as a “Lemon” under Nevada law is the concept of a “reasonable number of repair attempts.” This means that the manufacturer or authorized dealer must have had sufficient opportunities to repair the defect. Nevada law typically defines this in presumptions that shift the burden of proof from the consumer to the manufacturer as four or more unsuccessful repair attempts for the same issue or if the vehicle has been out of service for a total of 30 days or more within the warranty period.
If the defect persists despite these repair attempts, the consumer may be entitled to relief under Nevada’s Lemon Law (even if the presumptions are not met, 3 or more repair attempts for the same substantial issue or 25 or more days out of service may still qualify under the Lemon Law). This relief may include a replacement vehicle or a refund of the purchase price, minus a reasonable allowance for the vehicle’s use. Alternatively, cash compensation with keeping your vehicle (called “cash and keep”) may be available as a compromise settlement.
To initiate a Lemon Law claim in Nevada, consumers must follow a specific process. The process involves documenting all repair attempts, including dates, descriptions of the problem, and any communication with the manufacturer or dealer. It is essential to keep copies of repair orders, receipts, and correspondence as evidence.
Next, consumers must notify the manufacturer of the defect in writing. We highly recommend talking to us, your potential Lemon Law attorneys, for your options and for providing proper written notification to the manufacturer on your behalf if we are able to assist.
If a vehicle qualifies as a “Lemon” under Nevada law, the consumer is entitled to a remedy. The manufacturer may be required to replace the defective vehicle with a comparable new one or refund the purchase price. The refund typically includes the total cash price, meaning any down payment, trade-in value, taxes, and loan payoff minus a reasonable deduction for the use of the vehicle.
The calculation of the usage deduction is based on the total mileage driven by you. Miles put on your vehicle by the repairing dealership do not count.
While Nevada’s Lemon Law offers significant protections, there are limitations and exclusions to be aware of. The law does not cover defects caused by accidents, abuse, neglect, or unauthorized modifications. Additionally, it does not apply to used vehicles more than 18 months old, off-road vehicles, RVs, or commercial vehicles.
Consumers should also be aware of the time limits for filing a Lemon Law claim. The defect must occur within the vehicle’s warranty period or one year from the date of delivery, whichever comes first. Claims must be filed within 18 months of the vehicle’s original delivery.
In addition to Nevada’s state Lemon Law, consumers may also have protections under the federal Magnuson-Moss Warranty Act. This federal law applies to all vehicles sold with a written warranty for the entire education of the manufacturer’s warranty (e.g., 3 years/ 36,000 miles, 4 years/50,000 miles, etc.) and provides remedies for all defective consumer products including used vehicles over 18 months old that are still covered by the manufacturer’s warranty, RVs, and Offroad vehicles excluded from Nevada Lemon Law coverage. Consumers can typically pursue claims under both state and/or federal laws, depending on the circumstances of their case.
The Federal Lemon Law can also be used along with the Nevada Lemon Law because the Federal Lemon Law enables the recovery of attorneys’ fees from vehicle manufacturers.
To protect themselves, Nevada consumers should take several precautions when purchasing a new vehicle. Before buying, research the vehicle’s reliability and reviews. During the warranty period, report any issues promptly and maintain detailed records of all repairs and communication with the dealer or manufacturer.
Being proactive and informed can help consumers navigate the complexities of Lemon Law claims and ensure they receive the protection and compensation they deserve.
Nevada’s Lemon Law is a valuable tool for protecting consumers from defective vehicles. By understanding the criteria for a “Lemon” vehicle, the process for filing a claim, and the remedies available, consumers can assert their rights effectively. While the law has limitations, it provides a clear framework for addressing issues with defective vehicles and ensuring fair outcomes for affected consumers.
Nevada Revised Statutes (NRS) Chapter 597 – “Lemon Law.” Retrieved from https://www.leg.state.nv.us/NRS/NRS-597.html
Nevada Department of Motor Vehicles (DMV). (2024). “Nevada Lemon Law FAQs.” Retrieved from https://dmv.nv.gov/
FindLaw. (2024). “Nevada Lemon Laws.” Retrieved from https://www.findlaw.com/state/nevada-law/nevada-lemon-laws.html
Legal Aid Center of Southern Nevada. (2024). “Understanding Lemon Laws in Nevada.” Retrieved from https://www.lacsn.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.
