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Lemon Law & Other State Law Protections

The Nevada Lemon Law has a number of specific provisions. You should read the law or consult with an attorney if your new car is a lemon. This message is not a substitute for contacting your own lawyer who can best advise you of your rights under the particular circumstances of your case. The Attorney General's office cannot advise you of your legal rights and cannot represent you in a warranty dispute.

Here are the basics.

What if I think my new vehicle is a lemon?
 

If you have a warranty:	If you do not have a warranty:
You must report the problem in writing before the expiration of the manufacturer’s express warranties.	You must report the problem in writing to the manufacturer within 1 year of purchasing the vehicle.

If the manufacturer of the vehicle has a procedure for settling disputes, it must be followed before bringing a claim under Nevada’s “lemon law”.

The vehicle maker and its agent/authorized dealer must correct any problems with the vehicle covered by the express warranty which are reported within 1 year of the purchase of the new vehicle. If the vehicle manufacturer cannot repair the vehicle’s problems after 4 attempts, or the car is out of service for a total of 30 or more days within the express warranty period or within the first year of its purchase from the manufacturer, the manufacturer must take one of the following actions:

1. Replace the vehicle with a comparable vehicle;

2. Accept return of the vehicle and provide the buyer with a refund of the sales price including sales taxes, license fees, registration fees and other similar charges minus an allowance for the use of the vehicle.

Under Nevada law, you have a maximum of 18 months from taking delivery of the vehicle (if the vehicle has an express warranty) to notify the manufacturer in writing of any problems with the vehicle. Otherwise, you must notify the manufacturer within 12 months.

How do I know if the car I am considering buying was bought back by the dealer or manufacturer because it was a lemon?

When the manufacturer or its authorized agent/dealer buys the vehicle back from its original purchaser because of an inability to repair problems with the vehicle, the manufacturer must retitle the car in its own name, and request that the DMV inscribe the certificate of title with the notation of “Lemon Law Buyback”.

In addition, you should look for the following indicators as to whether the vehicle that you are considering purchasing is a lemon law buyback:

1. A decal on the left front doorframe of the vehicle, which references that the vehicle’s certificate of title is permanently inscribed with the “Lemon Law Buyback” notice.

2. A WARRANTY BUYBACK NOTICE – which states that the vehicle was repurchased by its manufacturer because of a defect in the vehicle pursuant to consumer warranty laws, and specifying that the vehicle’s title contains the notation “Lemon Law Buyback”.  This notice will contain the vehicle’s identification number (V.I.N.), year, make and model, and will also include problems reported by the original owner and repairs made, if any, to correct the reported problems.  It will also contain the manufacturer’s and dealer’s signature, and will require the buyer or lessor of the vehicle to sign it.

For complete advice concerning your legal rights, you should consult your own attorney.