The Nevada Lemon Law has a number of specific provisions designed to protect consumers in the event they purchase a vehicle with significant defects. Find out if Nevada’s Lemon Law can help you.
What if I think my new vehicle is a lemon?
|If you have a warranty:||If you do not have a warranty:|
|You must report the problem in writing before the expiration of the manufacturer’s express warranties.||You must report the problem in writing to the manufacturer within 1 year of purchasing the vehicle.|
If the manufacturer of the vehicle has a procedure for settling disputes, it must be followed before bringing a claim
under Nevada’s “Lemon Law”.
The vehicle maker and its agent/authorized dealer must correct any problems with the vehicle covered by the express
warranty which are reported within 1 year of the purchase of the new vehicle. If the vehicle manufacturer cannot repair
the vehicle’s problems after 4 attempts, or the car is out of service for a total of 30 or more days within the express
warranty period or within the first year of its purchase from the manufacturer, the manufacturer must take one of the
- Replace the vehicle with a comparable vehicle;
- Accept return of the vehicle and provide the buyer with a refund of the sales price including sales taxes, license fees, registration fees and other similar charges minus an allowance for the use of the vehicle.
Under Nevada law, you have a maximum of 18 months from taking delivery of the vehicle (if the vehicle has an express warranty) to notify the manufacturer in writing of any problems with the vehicle. Otherwise, you must notify the manufacturer within 12 months.
How do I know if the car I am considering buying was bought back by the dealer or manufacturer because it was a lemon?
When the manufacturer or its authorized agent/dealer buys the vehicle back from its original purchaser because of an
inability to repair problems with the vehicle, the manufacturer must retitle the car in its own name, and request that
the DMV inscribe the certificate of title with the notation of “Lemon Law Buyback”.
In addition, you should look for the following indicators as to whether the vehicle that you are considering purchasing
is a lemon law buyback:
- A decal on the left front doorframe of the vehicle, which references that the vehicle’s certificate of title is permanently inscribed with the “Lemon Law Buyback” notice.
- A WARRANTY BUYBACK NOTICE – which states that the vehicle was
repurchased by its manufacturer because of a defect in the vehicle pursuant to consumer warranty laws, and specifying that the vehicle’s title contains the notation “Lemon Law Buyback”.
i. This notice will contain the vehicle’s identification number (V.I.N.), year, make and model, and will also include problems reported by the original owner and repairs made, if any, to correct the reported problems;
ii. The notice will also contain the manufacturer’s and dealer’s signature, and will require the buyer or lessor of the vehicle to sign it.
Nevada Lemon Law Statutes
Nevada Lemon Law 597.600 Definitions.
As used in NRS 597.600 to 597.680, inclusive, unless the context otherwise requires:
1. “Buyer” means:
(a) A person who purchases or contracts to purchase, other than for purposes of resale, a motor vehicle normally used for personal, family or household purposes.
(b) Any person to whom the motor vehicle is transferred during the time a manufacturer’s express warranty applicable to the motor vehicle is in effect.
(c) Any other person entitled by the terms of the warranty to enforce its obligations.
2. Except as otherwise provided in this subsection “motor vehicle” has the meaning ascribed to it in NRS 482.075. The term does not include motor homes or off-road vehicles except for the purposes of NRS 597.680.
Nevada Lemon Law 597.610 Report of defect in motor vehicle; duty of manufacturer.
If a new motor vehicle does not conform to all of the manufacturer’s applicable express warranties and the buyer reports the nonconformity in writing to the manufacturer:
1. Before the expiration of the manufacturer’s express warranties; or
2. No later than 1 year after the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to the express warranties without regard to whether the repairs will be made after the expiration of the express warranty or the time described in subsection 2.
Nevada Lemon Law 597.620 Submission of claim.
To manufacturer for replacement or refund according to designated procedure.
If the manufacturer has established or designated a procedure for settling disputes informally which substantially complies with the provisions of Title 16 of the Code of Federal Regulations, Part 703, a buyer must first submit his claim for replacement of the motor vehicle or for refund of the purchase price under that procedure before bringing any action under NRS 597.630.
Nevada Lemon Law 597.630 Duties of manufacturer
If motor vehicle cannot be conformed to express warranties.
1. If, after a reasonable number of attempts, the manufacturer, or its agent or authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repair or correction and the defect or condition causing the nonconformity substantially impairs the use and value of the motor vehicle to the buyer and is not the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle, the manufacturer shall:
(a) Replace the motor vehicle with a comparable motor vehicle of the same model and having the same features as the replaced vehicle, or if such a vehicle cannot be delivered to the buyer within a reasonable time, then a comparable motor vehicle substantially similar to the replaced vehicle; or
(b) Accept return of the motor vehicle from the buyer and refund to him the full purchase price including all sales taxes, license fees, registration fees and other similar governmental charges, less a reasonable allowance for his use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the buyer before his first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service for repairs. Refunds must be made to the buyer, and lien holder if any, as their interests may
2. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties where:
(a) The same nonconformity has been subject to repair four or more times by the manufacturer, or its agent or authorized dealer within the time the express warranty is in effect or within 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, but the nonconformity continues to exist; or
(b) The motor vehicle is out of service for repairs for a cumulative total of 30 or more calendar days within the time the express warranty is in effect or within 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, except that if the necessary repairs cannot be made for reasons which are beyond the control of the manufacturer or its agent or authorized dealer, the number of days required to give rise to the presumption must be appropriately extended.
Nevada Lemon Law 597.640 Tolling of period for express warranties.
For the purposes of NRS 597.600 to 597.670, inclusive, the running of the time an express warranty is in effect or of any other period of time described in those sections is tolled for the time during which services to repair the motor vehicle are not reasonably available to the buyer because of a war, invasion or strike, or because of a fire, flood or other natural disaster.
Nevada Lemon Law 597.650 Commencement of action by buyer.
Any action brought pursuant to NRS 597.600 to 597.630, inclusive, must be commenced within 18 months after the date of the original delivery of the motor vehicle to the buyer.
Nevada Lemon Law 597.660 Waiver of rights by buyer prohibited.
Any provision in any agreement between the manufacturer or its agent or authorized dealer and the buyer which provides that the buyer agrees to waive or forego any rights or remedies afforded by NRS 597.600 to 597.630, inclusive, is void.
Nevada Lemon Law 597.670 Effect of other rights and remedies of buyer.
The provisions of NRS 597.600 to 597.630, inclusive, do not limit any other right or remedy which the buyer may have by law or by agreement.
Nevada Lemon Law 597.675 Notification of manufacturer regarding change in residential address.
Any person entitled by the terms of a manufacturer’s express warranty to enforce its obligations is responsible for notifying the manufacturer of any change in his residential address.
Nevada Lemon Law 597.680 Reimbursement by manufacturer for cost of repairs to conform vehicle to express warranties.
The manufacturer shall reimburse its agent or authorized dealer for the cost of repairs made to a motor vehicle to conform it to the manufacturer’s express warranties. The reimbursement must be paid at the rate usually billed by the agent or dealer to the general public for similar repairs.
Nevada Lemon Law 597.690 Manufacturer required to remedy defects in vehicle related to safety without charge.
1. Every manufacturer of a vehicle who furnishes notification to the registered owner of the vehicle of any defect in the vehicle related to vehicle safety shall, notwithstanding the limitations of any warranty relating to such vehicle, correct such defect at the manufacturer’s expense and without charge to the registered owner of the vehicle if the vehicle is returned to any vehicle dealer franchised by the manufacturer to market the vehicle, or, at the election of the manufacturer, reimburse the registered owner for the actual cost of making such correction.
2. This section does not require a vehicle dealer to make the required correction if the manufacturer has failed to make available to the dealer the parts needed to make the correction.