While Nevada Lemon Law primarily protects buyers of new vehicles, a used car can be covered if still under the original manufacturer’s warranty, or if the defects appeared during the warranty period. Cars sold “as-is” or bought from private sellers typically do not qualify for Lemon Law protection under Nevada State Law.
This doesn’t mean you’re out of options. Federal laws, such as the Magnuson-Moss Warranty Act, offer protection for used cars with valid written warranties. Other legal remedies, such as claims for fraud or breach of warranty, are also available. For a defective vehicle owner, seeking legal help early can save you from costly repairs and help achieve a fair outcome.
Easy Lemon is a reputable Lemon law firm focused on helping consumers who’ve been stuck with defective vehicles. With our team of experienced Lemon law attorneys who understand both state and federal protections, we’re experienced in helping clients seek fair compensation from sellers and manufacturers. Contact us now to book a free case evaluation.
This article explains the basics of Nevada’s Lemon Law and who it protects. It also highlights the requirements for filing a successful Lemon law claim in Nevada and a step-by-step process for handling a used lemon car.
What Is Nevada’s Lemon Law and Who Does It Protect?
Nevada’s Lemon Law, officially known as the Nevada New Motor Vehicle Warranties Act, is designed to protect Nevada consumers who unsuspectingly purchase “lemon” vehicles. Nevada’s Lemon Law defines a lemon as a vehicle that possesses nonconformity or substantial defects that significantly impair its use, value, or safety.
The law primarily covers new cars, trucks, and SUVs that are purchased in the state. For protection to apply, such a vehicle must be used primarily for personal, family, or household purposes. This means commercial vehicles and business-use cars fall outside the scope of the state’s Lemon Law. In the same vein, the law does not cover motor homes, leased vehicles, and off-road vehicles.
For a Nevada Lemon law claim to hold up, the defect under consideration must appear within the warranty period or one year from the delivery date, whichever comes first. Also, it must substantially impair the vehicle’s use, value, or safety and not be caused by unauthorized modifications, neglect, or misuse.
However, you must allow the manufacturer or authorized dealer to conduct a reasonable number of repair attempts. This typically means at least four or more visits to the repair shop for the same problem, or the vehicle being out of service for a cumulative of 30 calendar days during the said period.
Does Nevada’s Lemon Law Cover Used Cars?
Nevada does not have a dedicated used car Lemon Law. Just like most states’ Lemon Law, you can only file for a claim if the issue appears while the vehicle is still protected by its original manufacturer’s warranty. Dealer warranties or extended service contracts are typically not included under the specific Lemon Law provisions.
The standard express warranty in Nevada is typically three years. It’s important to note that a used vehicle still under the warranty coverage may still be disqualified if the defect is not reported in writing within the first year of the original delivery.
Provided that you reported the defects within the first year of original purchase, you have a total of 18 months from the delivery date to file a Lemon law claim. These claims are quite rare with used cars, because most of them are sold after the original warranty period has expired.
As a result, most pre-owned vehicles in Nevada fall outside the scope of the Lemon law protection. However, consumers aren’t left entirely unprotected. The Magnuson-Moss Warranty Act, a federal Lemon Law, may offer legal recourse if the used defective vehicle came with an express warranty and the seller or car manufacturer fails to honor it.
This federal law allows eligible buyers to get a replacement vehicle, get a full refund, recover damages, and sometimes even punitive damages and attorneys’ fees. While Nevada’s Lemon Law doesn’t typically apply to used vehicles, those still under the original factory warranty might have a claim.
This is especially true if the repair records reveal repeated, unresolved issues. If you’re unsure whether your used car qualifies as a lemon vehicle, consulting a law firm or experienced attorney could help clarify your options under both state and federal laws.
When Does a Vehicle Qualify for The Nevada Lemon Law Claim?
While Nevada’s Lemon Law applies only to vehicles that meet the following requirements in accordance with the provisions of Nevada Revised Statutes (NRS) 597.600 to 597.688:
- Purchased from a licensed dealer in Nevada. The car must be purchased from a licensed motor vehicle dealer within the state to qualify. Private sales are not covered. Bear in mind that proof of purchase from the dealer is essential.
- The defect arose during the original warranty period. The problem must develop while the vehicle is still under warranty, and not after. Even if the car is later diagnosed or repaired outside that window, the Lemon law case is only valid if the issue began during the original warranty period.
- A reasonable number of repair attempts have been made. The car dealer or manufacturer must have been allowed a reasonable number of attempts to try and fix the defect. This usually means four or more tries for the same defect, or the car has been in the shop for 30 days or more for repairs related to warranty issues.
When Are Used Cars Not Protected by Nevada’s Lemon Law?
Although Nevada’s Lemon Law offers limited protection for used vehicles, most used car purchases are not protected under the state’s Lemon Law. The law is primarily intended for new vehicles, and only in very specific situations will a used vehicle qualify. Here’s when the law doesn’t apply.
Firstly, if the car was sold “as-is”, it means the buyer accepts the vehicle in its current condition with no guarantees or promises of performance. This simply means that if something goes wrong after the sale, even if it’s serious, you’re responsible for the repairs. These types of sales don’t come with warranty protections, so the Lemon Law doesn’t apply.
Secondly, cars bought from private sales, rather than licensed dealers, are not covered. Nevada’s Lemon Law only applies to vehicles purchased from a licensed dealership within the state. If you bought a car directly from someone or out of state, you’re not eligible for protection under this law.
Thirdly, the law only applies if the vehicle is still under the original manufacturer’s warranty or if the defect occurred during the warranty period. If that warranty has expired, then you no longer qualify. Most used cars are sold after the warranty ends, which is why many don’t meet the requirements.
Finally, as stated earlier, extended warranties or service contracts offered by dealers or third parties don’t count. These are not the same as the applicable express warranties, and they won’t make a used vehicle eligible under Nevada’s Lemon Law.
How Do You Handle a Used Lemon Car in Nevada?
If you think you’ve been sold a used car that qualifies as a lemon vehicle, here’s a practical step-by-step plan to help you take action in Nevada:
Step 1: Notify the Dealer or Manufacturer in Writing
Start by sending a written notice to the dealer and the vehicle manufacturer describing the defect. Specifically mention when the issue started, how it affects the car, and that you’re requesting repairs under warranty. Written communication creates a paper trail that can be used later if needed. After sending the notice, you are required to give them some time to reply and repair the vehicle.
Step 2: Keep Records of Repairs and Communication
It is important to document everything. Endeavor to keep copies of repair invoices, the dates the car was in the shop, and who you spoke with. If the same problem happens multiple times, note it. Nevada’s Lemon Law requires a reasonable number of repairs, so proving the pattern is key.
Step 3: Talk to a Qualified Nevada Lemon Law Attorney
If the dealer or manufacturer isn’t resolving the issue, you can speak with a lawyer who handles Lemon law cases. Lemon law firms like Easy Lemon offer free consultations and won’t charge you any legal representation fee until you’ve won the case. An experienced Nevada Lemon Law attorney can help check if your vehicle qualifies for relief and explain your legal options.
Step 4: Consider Arbitration or Mediation
Many manufacturers provide arbitration programs, offering a quicker and less costly alternative to court. These are faster and less expensive than a lawsuit. In some cases, arbitration is required before you can take legal action. Your attorney can help you prepare for it and present your evidence.
Step 5: File a Lawsuit if Necessary
If the manufacturer refuses to replace the vehicle or offer a refund, and arbitration doesn’t resolve the issue, a lawsuit may be the next step. Under Nevada Law and the Magnuson-Moss Warranty Act, you may be entitled to a Lemon Law buyback or replacement vehicle.
A Lemon Law buyback typically includes a refund of the purchase price plus reimbursement for costs like sales tax, registration fees, and license fees if the case proves successful. The manufacturer may deduct a reasonable allowance based on how long you used the vehicle before the defect appeared. On the other hand, a replacement vehicle should be the same model as the defective one.
How Long Do You Have to File a Lemon Law Claim in Nevada?
In Nevada, the deadline to file a Lemon law claim is quite strict. You have 18 months from the date the vehicle was originally delivered to take legal action. This time limit applies whether you are dealing with a new car or a used vehicle that still falls under the original warranty period. If you miss that window, you lose the right to pursue a Nevada Lemon law claim, no matter how valid your case may be.
Bear in mind that the date starts counting the day you take possession of the vehicle and not the day you first notice the presence of a defect. However, the defect itself must be reported within one year of delivery or during the vehicle’s warranty period, whichever comes first.
Delaying your report, even by a few weeks, can disqualify you from protection. That’s why early documentation and written notice to the manufacturer or authorized dealer are critical. Acting quickly gives you options. Also, keep a complete record of repair visits, dates, and written communication.
Without that, your case may weaken, even if the issue is serious. Before going to court, some manufacturers may require you to attempt arbitration or mediation. These steps can take time, so it’s important to begin the Lemon law process while you’re still within the 18-month legal window.
What Are Your Options If Nevada’s Lemon Law Doesn’t Apply?
Suppose the Nevada Lemon Law doesn’t cover your situation, probably because your vehicle is out of warranty, or the defect appeared too late. In that case, you may still find relief under other applicable consumer protection laws.
One major alternative is a federal law called the Magnuson-Moss Warranty Act that applies when a manufacturer or dealer fails to honor the terms of a written warranty. This option will be discussed extensively in the next section.
You might also have grounds to file a breach of warranty claim under general contract law. If the seller or manufacturer promised certain performance standards through a written, implied, or verbal warranty, and the vehicle doesn’t meet those expectations, you could take legal action.
Also, if you believe you were misled during the sale, claims based on fraud or misinterpretation could apply. For instance, if the seller knowingly failed to disclose a serious problem or rolled back the odometer, you can bring up a fraud lawsuit against them.
Nevada’s Deceptive Trade Practices Act offers another layer of consumer protection. This law makes it illegal for sellers to hide material facts during a sale or misrepresent the vehicle’s condition, history, or performance. Violations can lead to damages, fines, and even cancellation of the sale.
Can Federal Laws Like the Magnuson-Moss Warranty Act Help?
The Magnuson-Moss Warranty Act is a federal law enacted in 1975. This law applies when a manufacturer or dealer fails to honor the terms of a written warranty on a new or used vehicle, as long as the warranty is still in effect.
This means that if your engine transmission keeps failing despite various attempts at repair, you may qualify for help even if Nevada’s Lemon Law doesn’t apply. This federal law applies to any consumer with a warranty product of more than $10 or $15, depending on the specific rule, making it broader than state laws. This Act also does not place mileage restrictions.
Similar to the Federal Lemon Law, this Act requires that the manufacturer or car company be given a reasonable opportunity to try to rectify the defect. This usually means at least three repair attempts for the same defect. One advantage of the Mag-Moss Act and even the Nevada Lemon Law is that if you win the case, you can recover any attorney fees paid or court costs that may have been incurred.
Not only is this law more flexible than Nevada’s Lemon Law, but it also extends the time you have to file a claim, making it a more accessible option for many buyers dealing with used car problems. Under this Act, if a manufacturer or seller can’t fix the defective vehicle even after a reasonable number of repairs, they’re required to offer a refund or a replacement.
That said, a full buyback doesn’t happen in every case. Often, the two parties disagree about what the compensation should be, and many cases end with a cash settlement instead. While the Magnuson-Moss Act doesn’t guarantee a specific outcome, it gives consumers another way to seek relief when the state’s Lemon Law can’t help.
Are There Other Legal Remedies for Used Car Buyers?
Apart from the Magnuson-Moss Warranty Act and Nevada’s Lemon Law, used car buyers still have other legal remedies. One option is filing a breach of warranty claim. If the defective vehicle came with a written warranty or an implied warranty that the car would function safely and reliably, you may be able to hold the seller or manufacturer accountable when it doesn’t.
This is especially relevant when the seller is a licensed dealer, as many used cars sold by dealers are not truly “as-is”. Another remedy is to pursue a claim based on fraud or misrepresentation. This claim holds valid if the seller knowingly withheld key information, like prior accident damage, major technical issues, or rolled-back mileage.
These cases hinge on proving that the seller intentionally misled you or failed to disclose something that would have impacted your decision to buy the car. Nevada also has consumer protection laws that prohibit unfair or deceptive sales practices, including misrepresenting a vehicle’s condition.
In cases where your issue involves a smaller amount of money, small claims court may be a cost-effective option. In Nevada, you can bring a claim for up to $10,000 without hiring a lawyer. This is often a good option for buyers seeking repair costs, partial refunds, or other out-of-pocket losses. However, working with a reputable used car Lemon law attorney increases your chances of a favorable settlement.
How Can You Protect Yourself When Buying a Used Car in Nevada?
One effective way to protect yourself when buying a used car in Nevada is to check whether the original warranty is still active before buying. This is essential because many legal protections only apply if a valid warranty is in place at the time the defect appears. If the warranty has expired, your legal options wind down considerably.
Another way is to avoid “as-is” sales whenever you can. These leave you with no protection if, eventually, something goes wrong. Also, ensure to always ask for repair and warranty promises in writing, and don’t rely on verbal assurances. Request a detailed vehicle history report to check for previous accidents, flood damage, or title issues.
Finally, take the car to a trusted mechanic for a full inspection before you commit. A trained eye can catch things that dealers or private sellers won’t always mention. Even if the car seems fine during a test drive, mechanical issues may be lurking beneath the surface.
Can You Return a Used Car Under Nevada’s Lemon Law?
In most cases, you cannot return a used car in Nevada just because you’re unhappy with it. The only time a return or replacement is legally possible under the Lemon Law is when the car meets the specific conditions discussed above.
In that case, the manufacturer may be required to offer either a replacement vehicle or a Lemon Law buyback, minus a reasonable usage fee. However, this rarely applies to used vehicles unless they’re relatively new and still under warranty.
Cars sold “as-is”, or those purchased from private sellers, are not covered by Nevada’s Lemon Law and typically do not qualify for a return. If the law doesn’t apply, other legal options, as discussed above, may prove useful.
Get Relief for Your Nevada Used Car!
Getting stuck with a lemon is not a pleasant experience. It can be frustrating, expensive, and time-consuming. It gets harder if the lemon is a used car, as the chances of relief grow slimmer. That’s where the right attorney comes in.
An experienced Lemon Law or consumer protection lawyer can review your situation, explain your rights, and help you seek compensation under state laws, federal warranty rules, or another legal route. When the dealership stops listening, a law firm can make them pay attention.
Easy Lemon has a proven record of helping thousands of defective vehicle consumers get relief without charging upfront legal fees. Our team of seasoned Nevada Lemon law attorneys brings in years of experience in handling tough cases, negotiating with manufacturers, and, when necessary, fighting for clients in court. You can start by contacting us for a free case evaluation.
FAQs
Many Nevada used car buyers are unsure whether the state’s Lemon Law provides protection for used vehicles. This section answers common questions about how Nevada’s Lemon Law applies to used cars and what consumers should know before taking further action.
What Types of Used Cars Are Protected by Nevada’s Lemon Law?
Nevada’s Lemon Law generally only applies to used cars still covered by the original manufacturer’s warranty. This includes passenger cars, trucks, and SUVs used primarily for personal or household purposes. Vehicles sold “as-is”, purchased from private sellers, or outside the warranty period are typically not covered.
If Nevada’s Lemon Law Doesn’t Cover My Used Car, Do I Have Any Other Options?
Yes, you may still have legal options under the Magnuson-Moss Warranty Act, a federal law that protects consumers with valid written warranties. Other possible claims include breach of warranty, fraud, misrepresentation, or violations of Nevada’s consumer protection laws. You can also file a claim under the Nevada Deceptive Trade Practices Act.
What Counts as a Reasonable Number of Repairs Under Nevada Lemon Law?
A reasonable number of repair attempts is satisfied if the dealer or manufacturer has tried to fix the same issue four or more times without success, or the vehicle has been out of service for 30 or more total days due to repairs covered by warranty.
What Should I Do If I Think My Used Car Is a Lemon in Nevada?
Start by gathering all documents, repair orders, warranty information, and written communication with the dealer or manufacturer. Send written notice of the defect and give them a chance to fix it. If the problem continues, consult reputable used car Lemon law attorneys or contact specialized law firms like Easy Lemon to evaluate your case for free.
Is There a Dedicated Nevada Lemon Law for Used Cars?
No, Nevada does not have a Lemon Law focused solely on used cars. Both new and used cars must meet the same requirements to qualify for a Lemon law claim in the state.
