The Lemon Law in Nebraska

Nebraska's lemon law covers new motor vehicles sold in Nebraska, excluding recreational vehicles. A "consumer" includes a buyer of a vehicle normally used for personal, family, household or business purposes. Problems must be reported to the manufacturer, its agent or dealer during the warranty or within one year of original delivery, whichever is earlier. A reasonable number of repair attempts is presumed if the same problem has been repaired four or more times in that period and still exists, or the vehicle has been out of service for repairs a total of 40 or more days; the presumption applies only if the manufacturer received prior written notice by certified mail and a chance to fix the defect. If a defect that substantially impairs use and market value cannot be fixed, the manufacturer must replace the vehicle with a comparable one or take it back and refund the full purchase price, including sales tax, license and registration fees, less a reasonable allowance for use. If the manufacturer has a dispute settlement procedure certified by the Director of Motor Vehicles, the consumer must use it before seeking a refund or replacement.

1) Report the problem: the consumer must report the defect to the manufacturer, its agent or an authorized dealer during the express warranty term or within one year after original delivery, whichever ends first. 2) Written notice: the presumption that the manufacturer had a reasonable number of repair attempts does not apply unless the manufacturer first received written notice sent directly to it by certified mail, from or on behalf of the consumer, and had an opportunity to fix the defect. 3) Arbitration: the Director of Motor Vehicles sets standards for informal dispute settlement programs based on federal rules (16 C.F.R. part 703). If the manufacturer has or takes part in a program certified by the Director, the consumer must use that program first before the refund-or-replacement remedy applies. The statute does not set a fee for the consumer. 4) Deadline to sue: a lawsuit under the lemon law must be filed within one year after the express warranty expires or two years after original delivery, whichever is earlier. A consumer who wins in court is awarded reasonable attorney's fees.

The Attorney General states that Nebraska's lemon law applies only to new vehicles and that there is no three-day right to cancel the purchase of a vehicle. A used car sold "as is" is bought in its current condition with no express or implied warranty from the seller, and once the sale is complete the seller has no obligation to make repairs. Complaints about vehicle dealers can be filed with the Motor Vehicle Industry Licensing Board.