The Nebraska lemon law covers a new motor vehicle that is sold in Nebraska . Guidance from the Nebraska Department of Motor Vehicles indicates that the lemon law applies to any motor vehicle less than two years old, and would therefore cover used vehicles . (Also see the reasonable allowance for use).
Buying a used car can be risky and the responsibility for the purchase falls on the buyer. This means that once the purchase is complete the seller is under no obligation to make repairs. In Nebraska , there is no three day right to cancel the purchase of a vehicle and the lemon law only applies to new vehicles .
Lemon laws apply to defects that affect the use, safety, or value of a vehicle or product. If the product cannot be repaired successfully after a reasonable number of attempts, the manufacturer must repurchase or replace it.
Any action or arbitration under the lemon law must be commenced within four years of the date of original delivery to you . HOW LONG IS THE LEMON LAW WARRANTY PROTECTION?
|Miles at time of Purchase||Duration of or Lease Warranty (the earlier of:|
|18,001 to 36,000||90 days or 4,000 miles|
Use the “Lemon Law” Before you can use it, you must give the manufacturer or dealer a “reasonable number of attempts” to fix the problem. If the dealer cannot fix the problem, the dealer must take back the vehicle and refund your money, including fees and taxes, or replace the vehicle with a comparable set of wheels.
When you find yourself unable to make your car payments and ultimately choose to return the vehicle to the dealer (which is known as voluntary repossession), the dealer usually turns around and attempts to re-sell the vehicle . The proceeds from that sale would then go towards repaying the original loan.
The dealer who sold you the car is usually not legally obligated to take the car back and issue you a refund or exchange after you ‘ve signed the sales contract. Some dealerships may allow you to return the vehicle if you ‘re unsatisfied or if the car has major mechanical issues, but only under special circumstances.
When a car has been in an accident, stolen or weather-damaged and repairs will cost more than the vehicle is worth, the car insurance company will total it and take possession. The car will be issued a salvage title to warn future buyers that an insurance company has declared the car a total loss.
By definition, a used car dealer that sells a lemon is required to buy back the car. Consumer laws are very clear about dealer and manufacturer liability for lemons : once a car is declared a lemon it must be refunded and the contract must be canceled.
If you win your case you are entitled to be reimbursed for all or some of your attorney’s fees. Also, if you win your Lemon Law case , you usually have the choice of whether to accept a replacement vehicle or receive a refund.
If the arbitrator agrees that your vehicle is a lemon , you will be awarded a replacement vehicle or full refund (minus the use allowance and the amount of any previous settlement from the manufacturer).
If you decide to return the used car , you must return it to the dealer within two business days by closing time (unless the contract gives you more time). You must return the car under these conditions: With no miles in excess of what the contract allows. (The contract must allow for 250 miles.)
Under the law of most states, for a vehicle to be considered a lemon , the car must 1) have a “substantial defect,” covered by warranty, that occurs within a certain time after purchase, and 2) continue to have the defect after a “reasonable number” of repair attempts.
Simply put, a lemon law buyback title vehicle is a car that has been bought back by the manufacturer because of warranty defects, and the lemon law does apply to used cars, as this law takes effect for cars bought back from the manufacturer on or after January 1, 1996 according to the CA DMV.