Nebraska
Lemon Law
Chapter 60, Sections 2701 - 2709
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60-2701 Terms, defined.
As used in sections 60-2701 to 60-2709,unless
the context otherwise requires:
(1) Consumer shall mean
the purchaser, other than for purposes
of resale, of a motor vehicle normally
used for personal, family, household,
or business purposes, any person to
whom such motor vehicle is transferred
for the same purposes during the duration
of an express warranty applicable
to such motor vehicle, and any other
person entitled by the terms of such
warranty to enforce the obligations
of the warranty;
(2) Motor vehicle shall mean a new
motor vehicle as defined in section
60-1401.02 which is sold in this state,
excluding self-propelled mobile homes
as defined in section 60-301; and
(3) Manufacturer's express warranty
shall mean the written warranty, so
labeled, of the manufacturer of a
new motor vehicle.
Laws 1983, LB 155, § 1; Laws
1989, LB 280, § 10.
60-2702 Motor vehicle
not conforming to express warranties;
duty to repair.
If a motor vehicle does
not conform to all applicable express
warranties, and the consumer reports
the nonconformity to the manufacturer,
its agent, or its authorized dealer
during the term of such express warranties
or during the period of one year following
the date of original delivery of the
motor vehicle to a consumer, whichever
is the earlier date, the manufacturer,
its agent, or its authorized dealer
shall make such repairs as are necessary
to conform the vehicle to such express
warranties, notwithstanding the fact
that such repairs are made after the
expiration of such term or such one-year
period.
Laws 1983, LB 155, §
2.
60-2703 Manufacturer's
duty to replace vehicle or refund
price; when; affirmative defense.
If the manufacturer,
its agents, or authorized dealers
are unable to conform the motor vehicle
to any applicable express warranty
by repairing or correcting any defect
or condition which substantially impairs
the use and market value of the motor
vehicle to the consumer after a reasonable
number of attempts, the manufacturer
shall replace the motor vehicle with
a comparable motor vehicle or accept
return of the vehicle from the consumer
and refund to the consumer the full
purchase price including all sales
taxes, license fees, and registration
fees and any similar governmental
charges, less a reasonable allowance
for the consumer's use of the vehicle.
Refunds shall be made to the consumer
and lienholder, if any, as their interests
may appear. A reasonable allowance
for use shall be that amount directly
attributable to use by the consumer
and any previous owner prior to his
or her first report of the nonconformity
to the manufacturer, agent, or dealer
and during any subsequent period when
the vehicle is not out of service
by reason of repair. It shall be an
affirmative defense to any claim under
sections 60-2701 to 60-2709 (1) that
an alleged nonconformity does not
substantially impair such use and
market value or (2) that a nonconformity
is the result of abuse, neglect, or
unauthorized modifications or alterations
of a motor vehicle by a consumer.
Laws 1983, LB 155, §
3.
60-2704 Attempts to
conform motor vehicle to warranties;
presumption; term of warranty; how
computed.
It shall be presumed
that a reasonable number of attempts
have been undertaken to conform a
motor vehicle to the applicable express
warranties, if (1) the same nonconformity
has been subject to repair four or
more times by the manufacturer, its
agents, or authorized dealers within
the express warranty term or during
the period of one year following the
date of original delivery of the motor
vehicle to a consumer, whichever is
the earlier date, but such nonconformity
continues to exist or (2) the vehicle
is out of service by reason of repair
for a cumulative total of forty or
more days during such term or during
such period, whichever is the earlier
date. The term of an express warranty,
such one-year period, and such forty-day
period shall be extended by any period
of time during which repair services
are not available to the consumer
because of a war, invasion, or strike,
or fire, flood, or other natural disaster.
In no event shall the presumption
provided in this section apply against
a manufacturer unless the manufacturer
has received prior written direct
notification by certified mail from
or on behalf of the consumer and an
opportunity to cure the defect alleged.
Laws 1983, LB 155, §
4.
60-2705 Dispute settlement
procedure; effect; director; duties.
The Director of Motor
Vehicles shall adopt standards for
an informal dispute settlement procedure
which substantially comply with the
provisions of 16 C.F.R. part 703,
in existence as of February 22, 1983.
If a manufacturer has established
or participates in a dispute settlement
procedure certified by the Director
of Motor Vehicles within the guidelines
of such standards, the provisions
of section 60-2703 concerning refunds
or replacement shall not apply to
any consumer who has not first resorted
to such a procedure.
Laws 1983, LB 155, §
5.
60-2706 Statute of limitations.
Any action brought under
sections 60-2701 to 60-2709 shall
be commenced within (1) one year following
the expiration of the express warranty
term or (2) two years following the
date of original delivery of the motor
vehicle to a consumer, whichever is
the earlier date.
Laws 1983, LB 155, §
6.
60-2707 Attorney's fees;
when allowed.
In any action brought
under sections 60-2701 to 60-2709
the court shall award reasonable attorney's
fees to the prevailing party if the
prevailing party is the consumer.
Laws 1983, LB 155, §
7.
60-2708 Sections, how
construed.
Nothing in sections
60-2701 to 60-2709 shall in any way
limit the rights or remedies which
are otherwise available to a consumer
under any other law.
Laws 1983, LB 155, §
8.
60-2709 Applicability
of sections.
Sections 60-2701 to
60-2709 shall apply to motor vehicles
beginning with the manufacturer's
1984 model year.
Laws 1983, LB 155, §
9.
