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Nebraska Lemon Law
Nebraska
Revised Statutes, 60.2701 to 60.2709
60-2701
Terms, defined.
As
used in sections 60-2701 to 60-2709, unless
the context otherwise requires:
(1)
Consumer shall mean the purchaser, other than
for purposes of resale, of a motor vehicle
normally used for personal, family,
household, or business purposes, any person
to whom such motor vehicle is transferred for
the same purposes during the duration of an
express warranty applicable to such motor
vehicle, and any other person entitled by the
terms of such warranty to enforce the
obligations of the warranty;
(2)
Motor vehicle shall mean a new motor vehicle
as defined in section 60-1401.02 which is
sold in this state, excluding self-propelled
mobile homes as defined in section 60-301;
and
(3)
Manufacturer's express warranty shall mean
the written warranty, so labeled, of the
manufacturer of a new motor vehicle.
60-2702
Motor vehicle not conforming to express
warranties.
If
a motor vehicle does not conform to all
applicable express warranties, and the
consumer reports the nonconformity to the
manufacturer, its agent, or its authorized
dealer during the term of such express
warranties or during the period of one year
following the date of original delivery of
the motor vehicle to a consumer, whichever is
the earlier date, the manufacturer, its
agent, or its authorized dealer shall make
such repairs as are necessary to conform the
vehicle to such express warranties,
notwithstanding the fact that such repairs
are made after the expiration of such term or
such one-year period.
60-2703
Manufacturer's duty to replace vehicle or
refund price.
If
the manufacturer, its agents, or authorized
dealers are unable to conform the motor
vehicle to any applicable express warranty by
repairing or correcting any defect or
condition which substantially impairs the use
and market value of the motor vehicle to the
consumer after a reasonable number of
attempts, the manufacturer shall replace the
motor vehicle with a comparable motor vehicle
or accept return of the vehicle from the
consumer and refund to the consumer the full
purchase price including all sales taxes,
license fees, and registration fees and any
similar governmental charges, less a
reasonable allowance for the consumer's use
of the vehicle. Refunds shall be made to the
consumer and lien holder, if any, as their
interests may appear. A reasonable allowance
for use shall be that amount directly
attributable to use by the consumer and any
previous owner prior to his or her first
report of the nonconformity to the
manufacturer, agent, or dealer and during any
subsequent period when the vehicle is not out
of service by reason of repair. It shall be
an affirmative defense to any claim under
sections 60-2701 to 60-2709
(1)
that an alleged nonconformity does not
substantially impair such use and market
value or
(2)
that a nonconformity is the result of abuse,
neglect, or unauthorized modifications or
alterations of a motor vehicle by a consumer.
60-2704
Attempts to conform motor vehicle to
warranties.
It
shall be presumed that a reasonable number of
attempts have been undertaken to conform a
motor vehicle to the applicable express
warranties, if
(1)
the same nonconformity has been subject to
repair four or more times by the
manufacturer, its agents, or authorized
dealers within the express warranty term or
during the period of one year following the
date of original delivery of the motor
vehicle to a consumer, whichever is the
earlier date, but such nonconformity
continues to exist or
(2)
the vehicle is out of service by reason of
repair for a cumulative total of forty or
more days during such term or during such
period, whichever is the earlier date. The
term of an express warranty, such one-year
period, and such forty-day period shall be
extended by any period of time during which
repair services are not available to the
consumer because of a war, invasion, or
strike, or fire, flood, or other natural
disaster. In no event shall the presumption
provided in this section apply against a
manufacturer unless the manufacturer has
received prior written direct notification by
certified mail from or on behalf of the
consumer and an opportunity to cure the
defect alleged.
60-2705
Dispute settlement procedure.
The
Director of Motor Vehicles shall adopt
standards for an informal dispute settlement
procedure which substantially comply with the
provisions of 16 C.F.R. part 703, in
existence as of February 22, 1983. If a
manufacturer has established or participates
in a dispute settlement procedure certified
by the Director of Motor Vehicles within the
guidelines of such standards, the provisions
of section 60-2703 concerning refunds or
replacement shall not apply to any consumer
who has not first resorted to such a
procedure.
60-2706
Statute of limitations.
Any
action brought under sections 60-2701 to
60-2709 shall be commenced within (1) one
year following the expiration of the express
warranty term or (2) two years following the
date of original delivery of the motor
vehicle to a consumer, whichever is the
earlier date.
60-2707
Attorney's fees; when allowed.
In
any action brought under sections 60-2701 to
60-2709 the court shall award reasonable
attorney's fees to the prevailing party if
the prevailing party is the consumer.
60-2708
Sections, how construed.
Nothing
in sections 60-2701 to 60-2709 shall in any
way limit the rights or remedies which are
otherwise available to a consumer under any
other law.
60-2709
Applicability of sections.
Sections
60-2701 to 60-2709 shall apply to motor
vehicles beginning with the manufacturer's
1984 model year.
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