Nevada Lemon Law (597.600 - 597.688)
A new motor vehicle normally used for personal, family or household purposes, except a motor home or off-road vehicle.
Repair Interval and Coverage Period
- 4 repair attempts or 30 calendar days out of service.
- Warranty period or 1 year.
Lemon vehicles in Nevada can get the squeeze by either the Nevada Lemon Law, the Magnuson-Moss Warranty Act (the federal lemon law), or both. Lemon-aid may include a refund, replacement or diminished value and/or incidental and consequential damages. Attorneys’ fees are also available meaning qualified consumers may receive Nevada lemon law attorney representation at no cost.
And even if your vehicle is too old or has too many miles to qualify under either of these lemon laws, the Truth In Lending Act and/or other related car buying laws may provide an avenue to recover cash damages that can help you trade out or pay for repairs.
Connect here for a free, no obligation Nevada Lemon Law case review. In most instances to qualify under a lemon law your vehicle must only have an unreasonable repair history under the warranty, including (but not limited to) 3-4 repair attempts for the same problem, 6 repairs total on the vehicle, or 30 days out of service by reason of repair.Nevada Lemon Law (N.R.S. 597.600 to N.R.S. 597.688)
- N.R.S. 597.600. Definitions
- N.R.S. 597.610. Report of Defect in Motor Vehicle; Duty of Manufacturer
- N.R.S. 597.620. Submission of Claim to Manufacturer for Replacement or Refund According to Designated Procedure
- N.R.S. 597.630. Duties of Manufacturer if mOtor Vehicle Cannot be Conformed to Express Warranties
- N.R.S. 597.640. Tolling of Period for Express Warranties
- N.R.S. 597.650. Commencement of Action by Buyer
- N.R.S. 597.660. Waiver of Rights by Buyer Prohibited
- N.R.S. 597.670. Effect on Other Rights and Remedies of Buyer
- N.R.S. 597.675. Notification of Manufacturer Regarding Change in Residential Address
- N.R.S. 597.680. Reimbursement by Manufacturer for Cost of Repairs to Conform Vehicle to Express Warranties
- N.R.S. 597.682. Lemon Law Buyback: General dUties Regarding Retitling, Notice and Disclosures
- N.R.S. 597.684. Lemon Law Buyback: Form of Notice
- N.R.S. 597.686. Lemon Law Buyback: Prohibition Against Certain Nondisclosure Agreements
- N.R.S. 597.688. Lemon Law Buyback: Civil Action
As used in NRS 597.600 to 597.688, inclusive, unless the context otherwise requires:
- “Buyer” means:
- A person who purchases or contracts to purchase, 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.
- Except as otherwise provided in this subsection, “motor vehicle” has the meaning ascribed to it in NRS 482.075. The term does not include motor homes or off-road vehicles except for the purposes of NRS 597.680.
If a new 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
- No later than 1 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.
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 or her 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.
- 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:
- 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 cannot be delivered to the buyer within a reasonable time, then a comparable motor vehicle substantially similar to the replaced vehicle; or
- Accept return of the motor vehicle from the buyer and refund to him or her the full purchase price including all sales taxes, license fees, registration fees and other similar governmental charges, less a reasonable allowance for his or her use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the buyer before 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 for repairs. Refunds must be made to the buyer, and lienholder if any, as their interests may appear.
- It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties where:
- 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 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, but the nonconformity continues to exist; or
- 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 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, except that if the necessary repairs cannot 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.
For the purposes of NRS 597.600 to 597.670, inclusive, 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.
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.
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.
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.
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 or her residential address.
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.
- A manufacturer, or its agent or authorized dealer, who reacquires a motor vehicle pursuant NRS 597.630 that was registered in this State, or any other state, the District of Columbia or any territory or possession of the United States, or who assists a lienholder in reacquiring such a motor vehicle, shall, before selling, leasing or transferring ownership of the motor vehicle in this State or exporting the motor vehicle to another state for sale, lease or transfer:
- Cause the motor vehicle to be retitled in the name of the manufacturer;
- Request the Department of Motor Vehicles to inscribe the certificate of ownership for the motor vehicle with the notation “Lemon Law Buyback”; and
- Affix a decal to the motor vehicle in accordance with subsection 6.
- Any manufacturer who reacquires, or assists a dealer or lienholder in reacquiring, a motor vehicle in response to a request by the buyer or lessee that the motor vehicle be replaced or accepted for a refund because the motor vehicle did not conform to express warranties shall, before the sale, lease or other transfer of the motor vehicle, execute and deliver to the subsequent transferee a notice and obtain the transferee’s written acknowledgment of the notice in accordance with NRS 597.684.
- Any person, including any dealer, who acquires a motor vehicle for resale and knows that the motor vehicle was reacquired by the manufacturer of the motor vehicle pursuant to NRS 597.630 shall, before the sale, lease or other transfer, execute and deliver to the subsequent transferee a notice and obtain the transferee’s written acknowledgment of the notice in accordance with NRS 597.684.
- Any person, including any manufacturer or dealer, who sells, leases or transfers ownership of a motor vehicle when the certificate of ownership for the motor vehicle is inscribed with the notation “Lemon Law Buyback” shall, before the sale, lease, or ownership transfer of the motor vehicle, submit to the transferee a written disclosure signed by the transferee stating that: THIS VEHICLE WAS REPURCHASED BY ITS MANUFACTURER BECAUSE OF A DEFECT IN THE VEHICLE PURSUANT TO CONSUMER WARRANTY LAWS. THE TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY INSCRIBED WITH THE NOTATION “LEMON LAW BUYBACK.”
- The requirements for disclosure set forth in subsections 1, 2 and 3 are in addition to any other notice requirements for consumers and do not relieve any person, including any dealer or manufacturer, from complying with any other applicable law.
- The decal required pursuant to subsection 1 must be affixed to the left front doorframe of the motor vehicle or, if the motor vehicle does not have a left front doorframe, in a location designated by the Department of Motor Vehicles. The decal must specify that the certificate of title to the motor vehicle has been permanently inscribed with the notation “Lemon Law Buyback.” A person shall not knowingly remove or alter any decal affixed to a motor vehicle pursuant to this subsection, regardless of whether the motor vehicle is licensed pursuant to this chapter.
- The notice required pursuant to subsections 1, 2 and 3 of NRS 597.682 must be prepared by the manufacturer of the reacquired motor vehicle and specify:
- The year, make, model and vehicle identification number of the motor vehicle.
- Whether the certificate of title for the motor vehicle has been inscribed with the notation “Lemon Law Buyback.”
- The nature of each nonconformity reported by the original buyer or lessee of the motor vehicle.
- The repairs, if any, made to the motor vehicle in an attempt to correct each nonconformity reported by the original buyer or lessee.
- The notice must be included on a form 8 ½ x 11 inches in size and printed in a size equal to at least 10-point black type on a white background. The form must only contain the following information and be completed by the manufacturer:
- A manufacturer, importer, distributor, dealer or lienholder who reacquires or assists in reacquiring a motor vehicle, whether by judgment, decree, arbitration award, settlement agreement or voluntary agreement, shall not:
- Require, as a condition of the reacquisition of the motor vehicle, a buyer or lessee who is a resident of this State to agree to refrain from disclosing the problems with the motor vehicle experienced by the buyer or lessee or the nonfinancial terms of the reacquisition.
- Include, in any release or other agreement, whether prepared by the manufacturer, importer, distributor, dealer or lienholder, for signature by the buyer or lessee, a confidentiality clause, gag clause or similar clause prohibiting the buyer or lessee from disclosing information to any other person concerning the problems with the motor vehicle or the nonfinancial terms of the reacquisition of the motor vehicle by the manufacturer, importer, distributor, dealer or lienholder.
- Any confidentiality clause, gag clause or similar clause included in the release or other agreement in violation of this section is void.
- The provisions of this section do not prohibit the inclusion within the release or other agreement any confidentiality clause, gag clause or similar clause regarding the financial terms of the reacquisition of the motor vehicle.
A person who incurs an injury or damages as the proximate result of a violation of the provisions of NRS 597.682, 597.684 or 597.686 may commence an action in a court of competent jurisdiction for the recovery of his or her actual damages, costs and reasonable attorney’s fees and for any punitive damages that the facts may warrant.
Are you a consumer in Nevada with a lemon or other car problem?
- Shlomo S. Sherman, Esq. Bar No. 9688
- Weisberg Consumer Law Group PA (Managing Attorney Alex Weisberg, Florida Bar: 0566551)
Don’t delay, take action now and protect your rights today!