When you can’t make lemonade out of lemons

Nevada Lemon Law

You bought a new vehicle two months ago and every week since your purchase…something has malfunctioned!!! The Nevada Lemon Law applies when, during the first year there is any defect or condition that substantially impairs the use and value of the motor vehicle to the buyer. The lemon law does not cover a defect or condition that is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle.   If a motor vehicle does not conform to all of the manufacturer’s applicable express warranties, and the buyer reports the nonconformity in writing to the manufacturer before the expiration of the manufacturer’s express warranties or one year after the date of the motor vehicle’s delivery to the original buyer – whichever is earlier – then the manufacturer, its agent or authorized dealer must make the necessary repairs to conform the motor vehicle to the express warranty.

The necessary repairs must be made even if the term of the warranty has expired.  In addition, if the manufacturer, its agent or authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repairing or correcting a nonconformity after a reasonable number of attempts, the manufacturer must either replace or repurchase the motor vehicle.

The Nevada lemon law establishes a presumption that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if, within the time the express warranty is in effect or within one year following the date of the motor vehicle’s delivery to the original buyer, whichever occurs first, either of the following occurs:

1. The same nonconformity has been subject to repair four or more times by the manufacturer, its agent or authorized dealer but the nonconformity continues to exist, or

2. The motor vehicle is out of service for repairs for a cumulative total of 30 or more calendar days.

The 30-day period is extended by any period of time in which the necessary repairs cannot be made for reasons that are beyond the control of the manufacturer, its agent or authorized dealer.  If the manufacturer has established or designated an informal dispute settlement procedure, then the buyer may not bring an action under the provisions requiring refund or replacement unless the buyer has first resorted to the informal dispute settlement procedure.

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