Lemon Law Lawyer

Lemon laws were put into place to protect car buyers against buying a faulty item.

Since most people are not mechanics and have no clue about car engines and the workings of a vehicle, Nevada and most other states have lemon laws to protect us against buying a vehicle that is plagued with problems.

Buying a new or newer car should be a good experience; however, it is a large investment that most people believe will last for at least several years.

If you purchased that new or newer car and it has constant issues, it can be a frustrating and expensive experience.

If this turns out to be the case and your car turns into more bad than good, Nevada has very strong laws that protect car buyers who purchase vehicles that constantly have problems.

This is an understanding of your rights as the car buyer and the laws that protect you against a faulty vehicle.

Nevada Lemon Laws?

NRS 597.600-597.688 are the laws that govern the Lemon Laws as they are called.

These laws hold car manufacturers responsible if they sell a car that has significant defects and requires continuous repairs.

These laws give the buyer the opportunity for a new vehicle or a refund after a certain number of repair attempts.

 

When is a Car Considered a “Lemon” Under The Law in Nevada?

Under the NRS 597.600, there is a certain set of criteria that a car must meet to be considered a lemon:

  • Non-conformity to an express warranty
  • The deformity must impact the market value of the vehicle significantly
  • The defect must be reported within one year of the original delivery date to the first buyer or before the expiration of the express warranty
  • The manufacturer is unable to repair the defect within four attempts or 30 days total of the vehicle being out of service for repairs

 

What Are Your Rights if You Have a Vehicle That’s a Lemon?

If your car is deemed to be a lemon, the manufacturer is obliged to replace your car.

They must offer to replace your lemon with a comparable vehicle with similar features.

If a replacement is not available, they must refund the purchase price and any taxes and fees you paid for the car.

The value, however, can be diminished by an amount that represents the time you drove the car, almost like reverse depreciation value.

 

How to File a Claim Under The Nevada Lemon Law?

You can’t just go after the manufacturer if you believe that you have a lemon vehicle.

You must first notify the manufacturer of the vehicle’s continuous problems. Many car manufacturers have programs in place that handle lemon law complaints.

If the manufacturer has a program for lemon law complaints, you must follow the steps of that program first before any court case is started.

If you fail to follow the steps of the procedure, your claim may be dismissed.

Once you finish the initial steps from the manufacturer, you can proceed with court proceedings.

 

Nevada Statute 597.688

Under NRS 597.688, you have the right to pursue a claim if your vehicle is a lemon.

You, as the owner of the lemon vehicle, can file a claim at any time you have injuries or financial damages as a result of a violation of the lemon laws.

This claim will be considered a civil action, and you may be able to recover the following damages:

  • The value of the vehicle, medical expenses if an accident is the result of the car defects, and any other economic damages that are part of the vehicle defects
  • Court costs and filing fees
  • Attorney’s fees
  • Punitive damages if the court finds that the manufacturer was grossly negligent and the lemon vehicle could have been avoided

 

Criteria for a Car to be Considered a Lemon in Nevada?

Any vehicle that has defects that substantially reduce the owner’s ability to use the vehicle as intended may qualify as a lemon.

The problem must be substantial. The defects must be reported within one year of the purchase or within the expiration of the express warranty.

The manufacturer must also not be able to repair the defects within four attempts or within 30 days of the vehicle being out of service.

 

Is Selling an Unsafe Car Illegal?

Manufacturers have an obligation to sell safe vehicles that comply with all regulations and safety standards.

Selling an unsafe vehicle can open up car dealers to liability under product safety liability laws.

The sale of the vehicle might also fall under the lemon laws.

An experienced attorney will be able to tell you what laws apply to you—either product liability or lemon laws, and in some cases, both.

Nevada Car Return Law

The car return law is part of Nevada’s Lemon Law. The manufacturer must replace a vehicle if it has continued problems that cannot be fixed.

The car return applies to new cars.

This is good for up to one year or until the express warranty expires.

All problems must be reported in the applicable time frame.

 

What are The Duties of the Manufacturer Under NRS 597.687?

Under the lemon law statute, manufacturers must follow certain steps when they replace or refund a car under the lemon law.

These steps include:

  • Must reimburse the dealer or other agent for the costs of the repairs in an attempt to fix the vehicle
  • Having the vehicle’s title transferred to the manufacturer
  • Having the DMV mark the title documents with Lemon Law Buyback notifications
  • Decal the vehicle to notify that it is a lemon law vehicle
  • Notify any new buyer that this vehicle is considered a lemon

What is the statute of limitations for a lemon law claim?

From the date of delivery of the vehicle, you have 18 months to file a claim for lemon law recovery.

The buyer must notify the manufacturer of the defects within one year of the purchase or within the express warranty.

So, you have only a small window of time to file a lemon law claim.

Failing to adhere to these time frames or failing to file a claim within the specified time frame may result in the loss of your ability to recover damages.

Nevada Lemon Law Lawyers

A lemon law claim can be difficult to navigate and has a small window of time to file the claim.

If you fail to file within the statute of limitations or fail to follow the steps correctly, you may forfeit your right to get a new car or recover any other damages.

Hiring an experienced attorney can help you navigate the complex system of lemon law claims.

Understand that just because your new car needs a few repairs does not make it a lemon.

The law is very specific about what is considered a lemon and what your rights are.

If you have any doubts about your car and the lemon laws, call a lawyer with experience.

 

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