When you invest in a new vehicle, you expect it to perform reliably and safely. Unfortunately, not every car lives up to those expectations. When persistent defect issues arise that impair the use, value, or safety of a vehicle, consumers in Nevada may be protected by the state’s Lemon Law. Understanding how this law works and what qualifies for protection can be critical for anyone dealing with a defective vehicle.
If you believe that you have a “Lemon” on your hands, you need the empathetic legal advocacy of Amar Law Group. Call (702) 852-2929 for your Free Lemon Law Evaluation!
Lemon Laws are designed to protect consumers who purchase vehicles that fail to meet reasonable standards of quality and performance. In Nevada, these laws apply primarily to new vehicles under warranty. The purpose is to ensure that manufacturers address significant defects and provide remedies if the problems cannot be resolved within a reasonable number of repair attempts or timeframe. While Nevada’s Lemon Law does not explicitly cover used cars, there are other legal protections available for those cases, such as under the Federal Lemon Law called the Magnuson-Moss Warranty Act.
To qualify for Lemon Law protection in Nevada, any suspected “Lemon” must meet specific criteria. First, the “Lemon” must be a new motor vehicle purchased or leased in the state. This includes cars, trucks, and SUVs that are still under the manufacturer’s warranty. The “Lemon’s” defect, nonconformity, or condition must also substantially impair the vehicle’s use and value. This means minor issues, such as a faulty cup holder or a minor cosmetic flaw inside the vehicle, typically do not qualify.
Another essential requirement is that the defect, nonconformity, or condition must not have been caused by abuse, neglect, or unauthorized modifications by you. If the manufacturer or authorized dealer cannot repair the defect problem or problems after a reasonable number of attempts, your vehicle may be classified as a Lemon. Nevada law provides clear guidelines about what constitutes a “reasonable” number of repair attempts, but it often depends on the specifics of the case.
One of the key elements of Nevada’s Lemon Law is the manufacturer’s warranty. This warranty is essentially a promise from the manufacturer that your vehicle will function as intended for a specific period. If a defect or condition in your vehicle arises during the warranty period, the manufacturer is obligated to address the repair issue. The warranty period typically covers a certain number of miles or months (e.g. 3 years/36,000 miles or 4 years/50,000 miles), whichever comes first. It’s important to review the terms of your warranty to understand your rights and responsibilities.
In Nevada, if the manufacturer fails to resolve the defect issue despite multiple repair attempts, the Lemon Law may entitle you to a replacement vehicle or a refund. The process of pursuing a claim under the Lemon Law usually involves documentation, legal steps such as negotiation, and sometimes arbitration or litigation. If you hire a reputable Lemon Law firm, in the vast majority of cases (95% of the time in Amar Law Group’s cases) your case can be resolved without either arbitration or litigation.
The Lemon Law does not cover every issue that might arise with a vehicle because substantial impairment is required. For a defect problem to qualify as substantial, it must significantly impact the vehicle’s usability, safety, or value. For instance, issues with your vehicle’s engine, suspension, brakes, air conditioner, starter, battery, or transmission are more likely to be considered substantial defects than minor problems like a rattle sound.
Safety-related defects are particularly important under the Lemon Law. Problems that compromise the safety of the vehicle, such as malfunctioning airbags, faulty brakes, non-starting, stalling, hesitation upon acceleration, or electrical issues that could cause a fire, are more likely to qualify. The law aims to ensure that consumers are not left driving vehicles that pose a risk to their lives or the lives of others.
Nevada’s Lemon Law states that manufacturers must be given a reasonable number of attempts to repair your vehicle’s defects or conditions. What qualifies as “reasonable” depends on the severity of the defect or condition and the repair circumstances. Generally, if a substantial defect or condition persists after four or more attempts to repair it, your vehicle is presumed to be a Lemon under the Nevada Lemon Law’s reasonableness presumption. Alternatively, if your vehicle has been out of service for 30 or more cumulative days due to substantial defect repairs, this is also presumed unreasonable under the Lemon Law and would likely qualify your vehicle as a Lemon.
Keep in mind that presumptions are just that, presumptions. They’re meant to make it easier to prove you have a Lemon and you might still have a Lemon vehicle even if the presumptions are not met. In our view, if your vehicle has 3 repairs for a substantial defect or condition or 25 or more days in the repair shop for substantial defects or conditions, it may still qualify as a Lemon.
It’s worth noting that the manufacturer’s obligation to repair your vehicle under warranty does not mean you must keep taking the car back indefinitely for warranty repairs before seeking Lemon Law compensation. If the defect or condition is not resolved within a reasonable number of attempts or time frame, you can pursue a Lemon Law claim.
With that being said, we recommend that you keep getting warranty repairs even if you are already pursuing a Lemon Law claim because every repair makes your case stronger legally.
If you believe your vehicle qualifies under Nevada’s Lemon Law, it’s essential to take the right steps. First, document everything. Keep detailed records of every repair attempt, including invoices, work orders, and communication with the dealership or manufacturer. Note the dates, nature of the defect, and any repairs by the service provider. This documentation will be crucial if you decide to file a claim.
Next, look at hiring an attorney to notify the manufacturer in writing about your vehicle’s defect issues and repair history. Often-times an out-of-court settlement can be negotiated for you by the attorney. In the small percentage of cases where out-of-court settlement cannot be reached, you may need to go through an arbitration process before pursuing a legal claim in court (this depends on the manufacturer and the warranty terms involved).
If your vehicle qualifies as a “Lemon” under Nevada law, you are entitled to specific remedies. These typically include either a comparable replacement vehicle or a Lemon Law buyback. The refund usually covers the full purchase price of the vehicle, including taxes, title, and license fees. Incidental costs like towing or rental car expenses might be recoverable in certain instances.
For a Lemon Law buyback, the manufacturer may deduct an amount for the total miles driven (excluding miles driven by the selling dealer and repairing dealer). This is called a usage fee which typically is cents per mile based on a formula that includes the cost of your vehicle and the number of miles driven by you.
The choice between a new replacement vehicle and a Lemon Law buyback often depends on your preference and the manufacturer’s policies. Many consumers opt for a repurchase to avoid the risk of encountering similar problems with another vehicle from the same manufacturer. Others prefer to stay in the brand with a replacement vehicle.
A third resolution option is to settle for a compromise of cash compensation with keeping your vehicle. This is called “cash and keep.” Although it is a remedy that’s available under the Federal Lemon Law and is not written within the Nevada Lemon Law statute, that result is possible for you in most cases, especially if you have an attorney that will assert both the Nevada Lemon Law and the Federal Lemon Law on your behalf. Cash and keep can be an attractive option if your vehicle appears to be properly repaired and if it is a fair amount. Your remaining warranty coverage is still valid if you reach this type of settlement.
Regardless of your choice, the law ensures that you are not left bearing the financial burden of a defective vehicle.
While Nevada’s Lemon Law offers strong protections, there are exceptions and limitations. For instance, the law does not cover vehicles that were purchased as-is without a warranty and does not cover commercial vehicles like big rig trucks or tractors. Additionally, the defect must or condition have arisen within the manufacturer’s warranty period (and within 1 year of ownership), and the consumer must have followed the proper maintenance and repair procedures.
It’s also important to note that Nevada’s Lemon Law does not extend to certain types of vehicles, such as motorcycles, RVs, and off-road vehicles. However, these vehicles may be covered under the Federal Lemon Law or other consumer protection statutes. Consulting an attorney with expertise in Lemon Law can help clarify your rights and options.
Lemon Laws play a vital role in protecting consumers and holding manufacturers accountable for the quality of their products. Without these laws, car buyers would have little recourse if they ended up with a defective vehicle. By enforcing strict standards and providing clear remedies, Nevada’s Lemon Law helps ensure fairness in the marketplace and promotes confidence among consumers.
Understanding your rights under the Lemon Law can empower you to take action when faced with a defective vehicle. By staying informed and proactive, you can protect your investment and ensure that manufacturers uphold their vehicle quality and repair responsibilities. Whether it’s through a replacement, a refund, or other legal remedies, Nevada’s Lemon Law offers a lifeline for consumers dealing with defective vehicles.
Amar Law Group provides empathetic and effective legal advocacy for defective vehicle consumers. Call (702) 852-2929 for your Free Lemon Law Evaluation and let us help you get the justice you deserve.
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.
