Nebraska’s lemon law is fairly comprehensive in that it covers virtually any vehicle purchased in the state. Cars, light and heavy trucks, motorcycles, and sport utility vehicles qualify, whether used for personal, family or business use. The only exception is a self-propelled motor home, which is exempt from the statute. The law applies to normal use only; vehicles that have been modified in any substantial way do not qualify.

As with the laws of most states, Nebraska’s statute covers nonconformity or defects affecting the safety, value or use of the vehicle during the warranty period. The law defines a lemon as a vehicle that has been to the dealer or an authorized agent for repairs for four or more times during the warranty period for repair of the same defect of nonconformity. A vehicle that has a defect that affects the safety of the vehicle, such as failed brakes, may qualify as a lemon after a single unsuccessful repair attempt, should an arbitrator or judge so rule.

A vehicle will also qualify if it has been out of service for a cumulative period of 40 or more days for repair of the same problem during the warranty period. Owners are encouraged to keep detailed and accurate records of each and every repair attempt made on the vehicle in order to determine if the vehicle will qualify for lemon status.

Problems should be significant and affect safety, use or value. A noisy muffler may not qualify; a faulty transmission probably will qualify. Owners must notify the manufacturer by certified mail of any desire to pursue relief through the state’s lemon law.

Nebraska’s lemon law requires that anyone owning a vehicle that he or she believes to be a lemon must undergo an arbitration hearing to determine if the vehicle in question qualifies as a lemon under the statute, provided that the vehicle’s manufacturer offers an arbitration process. Most do, but some, such as Daewoo, do not. The process is said to be fairly quick and most hearings can be conducted within 40 days of the time the paperwork is submitted by the vehicle owner. Each side will present their case to an independent arbitrator, who will then issue a ruling based upon the evidence presented. The decision of the arbitrator is binding only upon the manufacturer. The vehicle owner retains the right to sue in a court of law should he or she disagree with the arbitration ruling. The use of an attorney for the arbitration hearing by the vehicle owner is optional at the owner’s discretion.

Nebraska defective vehicle statute provides that the owner of a vehicle that has been ruled a lemon be compensated by having the vehicle repurchased by the manufacturer. This repurchase will include the full purchase price, along with any taxes, license fee, registration fees and any additional government taxes or charges. This amount will be adjusted for reasonable prior use of the vehicle.

If you are having headaches with your automobile, truck or van, you may find that you need the help of an attorney. LegalMatch can help locate an experienced attorney local to you. Confidentiality is assured, all attorneys are licensed, and there is no charge to apply.

Questions regarding the Nebraska lemon law should be directed to the office of the Nebraska Attorney General.