Buying a new vehicle should be stress-free but sometimes, unexpected defects can arise. What was considered a new vehicle often turns out to be a frustrating, defective vehicle. The Nevada Lemon Law offers legal relief in the form of a replacement vehicle or refund to consumers who unknowingly purchase or lease such a vehicle.
However, to qualify, you must meet strict requirements and skillfully navigate the provisions of the law. As such, it’s advisable to hire the services of an experienced Lemon law attorney to increase your chances of winning.
At Easy Lemon, we have experienced and reliable Nevada Lemon law attorneys with a 99% win rate in handling lemon cases. With over $50 million secured for our clients, you have all it takes to help you get the refund, replacement, or cash settlement you deserve. Book a free case evaluation now.
In this article, we break down the meaning of a “lemon car” in Nevada, how the claim process works, which vehicles are covered, and the remedies available to you under the law.
What Is the Lemon Law in Nevada?
Nevada’s Lemon Law defines a motor vehicle as a “lemon” if it has a substantial defect that affects its use, safety, or value. Such a defect must persist even after a reasonable number of attempts have been made to fix it.
Under Nevada Revised Statutes § 597.600, a reasonable number of attempts means four or more unsuccessful repair attempts to fix the same defects, or the car has been in the repair shop and out of service for a total of 30 or more days.
However, for the vehicle to qualify as a lemon, the defect must occur during the manufacturer’s original warranty coverage and within one year or 18,000 miles of the vehicle’s delivery date. If you meet these requirements, you may be entitled to a replacement vehicle of equal value and same features, a full refund of your purchase price, including taxes and fees (minus a reasonable usage fee).
Which Vehicles Are Covered Under the Nevada Lemon Law?
The Nevada Lemon Law covers new passenger vehicles that were purchased or leased in the state. To be eligible, the vehicle must be a car, truck, or SUV used for personal, family, or household purposes. Additionally, the defect must appear within the first year of delivery or 18,000 miles, whichever comes first, and must occur within the vehicle’s applicable express warranties.
Also, the vehicle must be new, not previously owned or used. A used vehicle can only qualify for a Nevada Lemon law claim if it meets the reasonable number of repair attempts requirements within the state’s stipulated mileage or timeframe concerning its original delivery date. Notably, this law does not cover motorcycles, off-road vehicles, and recreational vehicles (RVs). The only exception for RVs is if the defects occur in the chassis or powertrain and not in the living quarters.
Lemon Law Buyback and Refund Options
If your vehicle qualifies as a lemon under Nevada law, you may be eligible for two primary remedies: a full refund or a replacement vehicle from the manufacturer.
1. Refund
If you win your Nevada Lemon law case, the vehicle manufacturer may be mandated to buy back the defective car and refund you. A full refund includes the purchase price of the vehicle, sales tax, license and registration fees, out-of-pocket costs (towing and rental costs), and other official charges.
However, the vehicle manufacturer is allowed to deduct a reasonable allowance for use. This is calculated by multiplying the purchase price by the total miles driven before the first repair attempt and dividing by 100,000, which represents the expected lifespan of a vehicle.
2. Replacement Vehicle
You can request a replacement vehicle as a relief if you do want a refund. The Nevada Lemon Law entitles an eligible consumer to receive a comparable vehicle having the same make, model, trim, and similar features as the lemon vehicle. Once you qualify for a replacement, the manufacturer is required to act within a reasonable timeframe of 30 days.
Before you agree to or sign any offer made by a dealer or manufacturer, ensure that you thoroughly inspect the new car and completely understand the terms and conditions. This is because some agreements may waive your rights if you unknowingly accept them.
It is advisable to consult a reputable Nevada Lemon law attorney who is familiar with the state’s nuances to help protect your rights and ensure you receive fair compensation. If you’re not comfortable with a replacement vehicle, you may also pursue a cash-and-keep settlement. Any vehicle returned to the manufacturer through a Lemon law claim is referred to as a Lemon law buyback.
Does the Lemon Law in Nevada Cover Used Cars?
In most cases, Nevada’s Lemon Law does not apply to used cars. However, exceptions exist if the used vehicle is still under the original manufacturer’s warranty and meets all eligibility criteria discussed earlier. However, the Lemon law claim must be reported within the first 18 months.
Used cars initially purchased outside of Nevada or sold “as is” are not covered. In cases where your vehicle does not qualify under the Nevada Lemon Law, you may seek relief under other legal avenues under Nevada’s Deceptive Trade Practices Act (for dealer fraud), the Federal Magnuson-Moss Warranty Act, and implied warranties under the Uniform Commercial Code.
Manufacturer Responsibilities Versus Dealer Responsibilities
According to Nevada’s Lemon Law (NRS § 597.600–597.680), the manufacturer holds the primary legal obligation to either repair, replace, or refund a defective vehicle. While both the manufacturer and dealer have their important roles to play, here’s how their responsibilities differ.
A manufacturer must provide a written warranty at the time of purchase that covers defects in the vehicle during a specific period, usually 12 months or 18,000 miles from the delivery date, whichever comes first. They are required to authorize repairs at no cost to the consumer and also offer arbitration or handle legal claims.
On the other hand, a dealer is not responsible for either a refund or a replacement vehicle. They ensure that cars are delivered in good condition in line with the manufacturer’s specifications. It is in their place to disclose any known defects, especially when selling a used vehicle.
Car dealers serve as authorized repair facilities for manufacturers, performing warranty repairs for the vehicle owner without accepting any payment. They ensure proper documentation of all repairs and visits done on a car, which is very essential if you have a lemon vehicle and would want to file a Lemon law case in the future.
How to File a Lemon Law Claim in Nevada
If your defective vehicle qualifies as a lemon, you can pursue a valid Lemon law claim. Here’s a step-by-step guide on how to file a Lemon law claim in Nevada:
1. Confirm Eligibility
Before initiating a car Lemon law claim, you need to determine whether your vehicle and situation meet the criteria under Nevada law. Nevada’s Lemon Law includes specific conditions that must be met for a claim to be valid, which include:
- The motor vehicle must be newly purchased or leased in the state
- It must be used for personal purposes, not business
- The non-conformity must have occurred within the first 12 months or 18,000 miles, whichever comes first
- The manufacturer must have been given a reasonable chance to fix the problem to no avail, which translates to 4+ unsuccessful repair attempts of the same defect or 30 cumulative out-of-service days arising from these repairs.
2. Notify the Manufacturer in Writing
Once you’ve confirmed that your vehicle meets the eligibility criteria, the next essential step is to notify the manufacturer in writing. It serves as a formal notice, which is a legal requirement that provides the manufacturer one final opportunity to correct the defect before you decide to escalate your claim through arbitration or lawsuit.
The written notice should contain your vehicle information, a clear description of the defect, unreasonable repair history, and your contact information. Also, state that you’re requesting the manufacturer to fix the problem in accordance with the provisions of the warranty.
3. Keep Detailed Records
When pursuing a Lemon law claim, it is crucial to keep all repair records and invoices. Instead of relying just on your memory, proper documentation supports your case and helps prove the total number of times your vehicle was out of service, the nature, and frequency of the defect.
It also serves as evidence of all communications between you and the dealer or manufacturer. Notable documents include repair orders, emails, SMS shared, photo and video evidence of the defects, and odometer readings each time you visit and leave the repair center.
4. Consider Arbitration Programs
Arbitration is an alternative dispute resolution process that may help you settle a Lemon law claim without going to court. In Nevada, many vehicle manufacturers offer free arbitration programs to resolve complaints about defective cars quickly and efficiently. If your manufacturer offers such a program, you may be required to go through it before filing any lawsuit.
Arbitrations are so effective that about 80% of Lemon law claims in Nevada have been resolved through it. However, the outcome of arbitrations is not binding on the consumers, so in case you disagree with the judgment, you can go ahead and file a lawsuit.
While you can do this without a lawyer, it’s advisable to hire one. Beyond other perks, an experienced Lemon law lawyer will help you determine whether you have a valid Lemon law case and help you structure your case properly for a better settlement.
5. File a Lawsuit (If Needed)
If arbitration fails or isn’t the right option for you, the next step in a Nevada Lemon law case may be to file a lawsuit against the manufacturer. This is often the most effective route when the defect remains unresolved and the manufacturer refuses to offer a fair remedy. Again, before proceeding with this action, it is advisable to hire an experienced Lemon law attorney to assess your case, gather evidence, file the paperwork, and represent you in court.
Federal vs. State Lemon Law Protections
The federal Lemon Law, which is the Magnuson-Moss Warranty Act, was enacted in 1975 to cover warranties on consumer products, including vehicles. It’s a warranty law that provides legal recourse when a manufacturer or dealer fails to honor a written warranty.
One key feature of federal Lemon law protection is that it applies to both new and used cars, and it’s quite flexible in eligibility requirements. Notably, a qualifying vehicle must have a valid warranty and suffer from significant defects that have defied repair attempts.
As it is with the state Lemon Law, it requires that the manufacturer pay the court costs and attorney fees if the consumer wins a case. Nevada’s state lemon law specifically protects new motor vehicles with serious, persistent defects that arise after purchase.
It applies only to new passenger vehicles that have had four or more repair attempts for a substantial defect that impairs their use, value, or safety. It is essential to consult a Lemon law attorney who is well-versed in both state and federal laws to determine which offers the strongest protection for your situation. A good Lemon law firm, such as Easy Lemon, knows how to combine both laws to get you the best solution.
When Should You Speak With a Nevada Lemon Law Attorney?
You should speak to a Nevada Lemon law attorney the moment you realize that the defects in your car have met the criteria we discussed above for pursuing a Lemon law claim. The Lemon law attorney will help you understand your Nevada Lemon Law rights and review your case to be sure you qualify for the claim before proceeding.
The mistake most people make is to handle Lemon law cases themselves as a way of saving costs. This will increase your chances of losing the case, leaving you with a defective vehicle. The good news is that most Lemon law firms, such as Easy Lemon, don’t charge upfront attorney fees until you win the case.
Even at this point, you may still go back home without paying the bill because the manufacturer will be mandated to take care of it. Generally, consulting a lemon law attorney early helps save time, money, and stress. It also increases your chances of success better than trying to resolve things on your own.
Protect Your Rights Under Nevada Lemon Law
Buying a new vehicle should come with peace of mind, not repeated trips to the repair shop. If your car has a persistent defect that the dealership or car manufacturer can’t fix, you may be legally entitled to a remedy under Nevada’s Lemon Law.
However, every case is different, and Lemon law claims can be more complex than they appear. Acting quickly is crucial because there are strict time and mileage limits, and delays could weaken your claim or eliminate your options. That is why it is important to speak with a qualified Nevada Lemon law attorney.
If your vehicle qualifies under the Nevada Lemon Law, don’t wait. Book a case evaluation with one of Easy Lemon’s experienced Nevada Lemon law attorneys today. With no upfront fees and a 99% win rate, we’re ready to help you secure the refund, replacement, or settlement you deserve.
FAQs
This section provides answers to some of the most frequently asked questions about Nevada’s Lemon Law.
1. Can I Hire a Lawyer to Help With a Lemon Law Case in Nevada?
Yes, you can hire a lawyer to help with a Lemon law case in Nevada. An experienced legal counsel can help you understand your rights, gather necessary documentation, and negotiate with the manufacturer. Also, you do not have to worry about instant attorney fees because reputable Lemon law firms like Easy Lemon don’t charge any upfront legal fees unless you win the case. Notably, the car company may be required to pay the fees.
2. How Long Do I Have to File a Lemon Law Claim in Nevada?
In Nevada, you must file a Lemon law claim within 18 months after the vehicle’s original delivery date to the buyer. This timeframe applies regardless of mileage, although the defect itself must arise within the first 12 months or 18,000 miles, whichever comes first. Failing to act within this 18-month window could result in losing your right to pursue a claim under Nevada’s Lemon Law.
3. What Is the Process for Filing a Lemon Law Claim in Nevada?
The processes involved in filing a Lemon law claim in Nevada include identifying the vehicle’s defect, promptly informing the dealer, and allowing the manufacturer a reasonable number of repair attempts to fix the problem.
It is essential to keep a detailed record of all repair invoices, dates the car was in and out of service, and all written complaints and responses. The next step is to notify the manufacturer in writing about the unresolved defect and explore arbitration programs. However, if all efforts to resolve the situation prove futile, you can go ahead and file a Nevada Lemon law claim.
4. Are There Any Exceptions to the Lemon Law in Nevada?
Yes, there are exceptions to Nevada’s Lemon Law. The law only applies to new vehicles purchased or leased in Nevada that are primarily for personal, family, or household use. It does not cover motor homes, used cars (unless it’s still under the original manufacturer’s warranty), off-road vehicles, or defects caused by abuse, neglect, or unauthorized modifications.
5. How Does the Lemon Law Apply to Used Cars in Nevada?
Nevada’s Lemon Law generally does not cover used cars unless they are still under the original manufacturer’s warranty. This law may apply to a used car if it’s sold within the law’s stipulated mileage and timeframe and develops a qualifying defect.
6. What Is the Nevada Motor Vehicles Warranties Act
Nevada does not have a motor vehicles warranty act, as it is in states like Virginia. However, the term refers to the Nevada Lemon Law, which is a law that protects Nevada consumers who unknowingly purchase or lease defective vehicles.
