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Chronic Car Problems? Check Out Nevada’s Lemon Law

posted January 21, 2008 - 5:10pm
Chronic Car Problems? Check Out Nevada’s Lemon Law

The best place to learn more about the Nevada lemon law is with the law itself, so let’s start there. We’ll add our comments within the law:

As used in NRS 597.600 to 597.680, unless the context otherwise requires:

1. "Buyer" means:

: A person who purchases, other than for purposes of resale, a motor vehicle normally used for personal, family or household purposes

: Any person to whom the motor vehicle is transferred during the time a manufacturer's express warranty applicable to the motor vehicle is in effect

: Any other person entitled by the terms of the warranty to enforce its obligations.

Got that? If you own the car while the warranties are in place, and you only use it for personal reasons, you’re probably covered. But keep reading to make sure.

2. Except as otherwise provided in this subsection "motor vehicle" has the meaning ascribed to it in NRS 482.075. The term doesn’t include motor homes or off-road vehicles except for the purposes of NRS 597.680.

Section 597.610

If a new motor vehicle doesn’t conform to all of the manufacturer's applicable express warranties and the buyer reports the nonconformity in writing to the manufacturer:

1. Before the expiration of the manufacturer's express warranties or

2. No later than one year after the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to the express warranties without regard to whether the repairs will be made after the expiration of the express warranty or the time described in subsection 2.

In other words, your car can be considered a lemon under Nevada law if its problems start within a year of the original buyer taking possession of it (sorry to sound like legaleaze) or, if the warranties expire before that first year is up, then whenever they expire.

Not a very consumer-friendly law.

Section 597.620

If the manufacturer has established or designated a procedure for settling disputes informally which substantially complies with the provisions of Title 16 of the Code of Federal Regulations, Part 703, a buyer must first submit his claim for replacement of the motor vehicle or for refund of the purchase price under that procedure before bringing any action under NRS 597.630.

Read your owners manual and see what the manufacturer wants you to do. You have to do all of that before you can do anything else.

Section 597.630

If motor vehicle can’t be conformed to express warranties:

1. If, after a reasonable number of attempts, the manufacturer or its agent or authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repair or correction and the defect or condition causing the nonconformity substantially impairs the use and value of the motor vehicle to the buyer and is not the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle, the manufacturer shall:

(a) Replace the motor vehicle with a comparable motor vehicle of the same model and having the same features as the replaced vehicle or if such a vehicle can’t be delivered to the buyer within a reasonable time, then a comparable motor vehicle substantially similar to the replaced vehicle or

(b) Accept return of the motor vehicle from the buyer and refund to him the full purchase price including all sales taxes, license fees, registration fees and other similar governmental charges, less a reasonable allowance for his use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the buyer before his first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service for repairs. Refunds must be made to the buyer and lien holder if any, as their interests may appear.

2. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties where:

(a) The same nonconformity has been subject to repair four or more times by the manufacturer or its agent or authorized dealer within the time the express warranty is in effect or within one year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, but the nonconformity continues to exist; or

(b) The motor vehicle is out of service for repairs for a cumulative total of 30 or more calendar days within the time the express warranty is in effect or within one year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, except that if the necessary repairs can’t be made for reasons which are beyond the control of the manufacturer or its agent or authorized dealer, the number of days required to give rise to the presumption must be appropriately extended.

This is pretty standard stuff for lemon laws: If the manufacturer or dealer tries to fix the same problem four times before the first year of ownership is up, or the warranties expire, then they either have to replace your car with one just like it or buy the piece of crap back from you.

Section 597.640

For the purposes of NRS 597.600 to 597.670, the running of the time an express warranty is in effect or of any other period of time described in those sections is tolled for the time during which services to repair the motor vehicle are not reasonably available to the buyer because of a war, invasion or strike or because of a fire, flood or other natural disaster.

Who! Haven’t read this before!

Section 597.650

Any action brought pursuant to NRS 597.600 to 597.630, inclusive, must be commenced within 18 months after the date of the original delivery of the motor vehicle to the buyer.

Section 597.660

Any provision in any agreement between the manufacturer or its agent or authorized dealer and the buyer which provides that the buyer agrees to waive or forego any rights or remedies afforded by NRS 597.600 to 597.630, inclusive, is void.

Section 597.670

The provisions of NRS 597.600 to 597.630, inclusive, do not limit any other right or remedy which the buyer may have by law or by agreement.

Section 597.675

Any person entitled by the terms of a manufacturer's express warranty to enforce its obligations is responsible for notifying the manufacturer of any change in his residential address.

Section 597.680

The manufacturer shall reimburse its agent or authorized dealer for the cost of repairs made to a motor vehicle to conform it to the manufacturer's express warranties. The reimbursement must be paid at the rate usually billed by the agent or dealer to the general public for similar repairs.

Section 597.690

1. Every manufacturer of a vehicle who furnishes notification to the registered owner of the vehicle of any defect in the vehicle related to vehicle safety shall, notwithstanding the limitations of any warranty relating to such vehicle, correct such defect at the manufacturer's expense and without charge to the registered owner of the vehicle if the vehicle is returned to any vehicle dealer franchised by the manufacturer to market the vehicle, or, at the election of the manufacturer, reimburse the registered owner for the actual cost of making such correction.

2. This section of the Nevada lemon law doesn’t require a vehicle dealer to make the required correction if the manufacturer has failed to make available to the dealer the parts needed to make the correction.

In a nutshell, the Nevada lemon law could be a lot more generous to consumers. If this is you, and you’re still within the time constraints of the law, get busy right now. Document everything you do, everyone you talk to, all the inconveniences and expenses and pray that our law changes soon. It stinks!



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