Nebraska Lemon Law: Do You Qualify?

Nebraska lemon law at a glance

What is covered

A "new motor vehicle" sold in Nebraska, bought by a consumer for personal, family, household, or business purposes. Recreational vehicles (a motor vehicle designed for living quarters) are excluded (§§ 60-2701, 60-347), and so are trailers: a motor vehicle "does not include trailers" (§ 60-1401.25). The act sets no weight limit.

Coverage window

The manufacturer must repair a problem you report during the express warranty term or within one year after original delivery, whichever is earlier (§ 60-2702). The act names no mileage figure and does not say whether a mileage limit ends the warranty term. The Attorney General's page says "less than 2 years old" and the DMV's page says "less than one year old when notice is sent to the manufacturer"; those are guidance, and the statute's words are the ones above.

Repair attempts

Four or more repairs of the same nonconformity by the manufacturer, its agents or authorized dealers within that term or period, with the problem still existing, raise a presumption that a reasonable number of attempts was made. There is no separate safety-defect count.

Days out of service

A cumulative total of forty or more days out of service for repair during that term or period raises the same presumption. The text does not say calendar or business days; this site counts calendar days.

Extension

The warranty term, the one-year period and the forty-day period are extended by any time repair services were not available to you because of a war, invasion, strike, fire, flood, or other natural disaster (§ 60-2704).

Written notice

The presumption does not apply unless the manufacturer has received prior written direct notification by certified mail from or for you, and an opportunity to cure the defect. The statute gives no number of days for the opportunity to cure.

Defenses

It is an affirmative defense that the nonconformity does not substantially impair the vehicle's use and market value, or that it is the result of abuse, neglect, or unauthorized modifications or alterations by the consumer (§ 60-2703).

Dispute program

Required before the refund or replacement section applies only if the manufacturer has a dispute settlement procedure certified by the Director of Motor Vehicles. There is no state-run arbitration program in the act.

Deadline to sue

Within one year after the express warranty term expires or two years after original delivery, whichever is earlier (§ 60-2706).

Used vehicles and leases

A later buyer is a consumer if the vehicle was transferred to them during the duration of an express warranty (§ 60-2701(1)); the Attorney General's page says the lemon law "only applies to new vehicles", and a vehicle is used once title has been transferred from the person who first acquired it. The act does not mention leases; the DMV's page says the vehicle "may be leased from a dealer in Nebraska".

Other rights

The act does not limit any rights or remedies available to a consumer under any other law (§ 60-2708).

Nebraska lemon law: frequently asked questions

How many repair attempts does the Nebraska lemon law require?

The standard is a reasonable number of attempts. The act presumes that standard is met after four or more repairs of the same nonconformity by the manufacturer, its agents or authorized dealers within the express warranty term or one year after original delivery, whichever is earlier, if the nonconformity continues to exist. The presumption applies only if the manufacturer received your notice by certified mail and had an opportunity to cure. The manufacturer may raise the affirmative defenses of § 60-2703.

How long do I have to sue under the Nebraska lemon law?

Any action must be commenced within one year after the express warranty term expires or two years after original delivery, whichever is earlier. The statute does not say whether a dispute-settlement filing pauses that deadline.

Does the Nebraska lemon law cover used or leased vehicles?

The act covers a "new motor vehicle" sold in Nebraska, and the Attorney General's page says vehicles sold as used are not covered. But the act also makes a consumer of any person to whom the vehicle is transferred for the same purposes during the duration of an express warranty, so a later buyer who took the vehicle while a warranty was still running may be covered. Which reading applies is a question for an attorney. A new vehicle is not considered used until it has been placed in use by a bona fide consumer, however many transfers there are. There is no separate used-vehicle provision. The act does not mention leases; the Department of Motor Vehicles' page says the vehicle "may be leased from a dealer in Nebraska", which is guidance, not statute.

What can I recover if my car qualifies in Nebraska?

A replacement with a comparable vehicle, or a refund of the full purchase price including all sales taxes, license fees, registration fees and similar governmental charges, less a reasonable allowance for your use. Refunds are made to you and the lienholder as their interests may appear. The court shall award reasonable attorney's fees if you are the prevailing consumer. The act has no penalty or multiplied damages, and it does not limit rights or remedies under other law.

Do I have to go through the manufacturer's arbitration first?

Only where the manufacturer has established or participates in a dispute settlement procedure certified by the Director of Motor Vehicles. Then the refund or replacement section does not apply to a consumer who has not first resorted to it. The DMV's standards require the program to decide within 40 days of notification of the dispute, except in the cases the rule lists (248 NAC 1 § 006.04, § 006.06), and the DMV's page says arbitration is legally binding on the manufacturer only. Its undated pages list Hyundai, Isuzu, Ford, Kia, Nissan and Infiniti, General Motors, Volkswagen and Audi, Land Rover and Porsche as "Certified by the Nebraska DMV" and say the other manufacturers they list "will not refund taxes and fees"; Land Rover is on both lists. That is guidance, not statute: confirm the current list with the DMV.

Statutes cited on this page

• Neb. Rev. Stat. § 60-2701 (definitions: "consumer", "motor vehicle" (new, sold in this state, not a recreational vehicle), "manufacturer's express warranty")
• Neb. Rev. Stat. § 60-1401.30 (new motor vehicle: all motor vehicles not included in the definition of a used motor vehicle; imported by § 60-2701(2))
• Neb. Rev. Stat. § 60-1401.38 (used motor vehicle; a new motor vehicle is not used until placed in use by a bona fide consumer)
• Neb. Rev. Stat. § 60-1401.25 (motor vehicle: a vehicle for which evidence of title is required; does not include trailers)
• Neb. Rev. Stat. § 60-1401.36 (trailer, including camping trailers, slide-in campers and fold-down campers)
• Neb. Rev. Stat. § 60-347 (recreational vehicle: a motor vehicle designed for living quarters; excluded by § 60-2701(2))
• Neb. Rev. Stat. § 60-2702 (duty to repair a nonconformity reported during the express warranty term or one year after original delivery, whichever is earlier)
• Neb. Rev. Stat. § 60-2703 (replace with a comparable vehicle or accept return and refund the full purchase price including sales taxes, license and registration fees, less a reasonable allowance for use)
• Neb. Rev. Stat. § 60-2704 (presumption of a reasonable number of attempts: four repairs of the same nonconformity or forty days out of service; certified-mail notice and opportunity to cure)
• Neb. Rev. Stat. § 60-2705 (informal dispute settlement procedure certified by the Director of Motor Vehicles; resort to it first)
• Neb. Rev. Stat. § 60-2706 (action within one year after the express warranty term expires or two years after original delivery, whichever is earlier)
• Neb. Rev. Stat. § 60-2707 (reasonable attorney's fees to a prevailing consumer)
• Neb. Rev. Stat. § 60-2708 (the act does not limit rights or remedies available under any other law)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.