Nebraska Lemon Law

Nebraska's Motor Vehicle Warranty Act (Neb. Rev. Stat. §§ 60-2701 to 60-2709) covers new motor vehicles sold in Nebraska, purchased for personal, family, household, OR business purposes, that are less than 2 years old. Coverage applies during the express warranty term or within 1 year of original delivery, whichever is earlier. Excluded: vehicles sold as used, trailers, self-propelled mobile homes, and recreational vehicles. Nebraska is unusual in covering business-use vehicles within the same statute as personal-use vehicles.

Under Neb. Rev. Stat. § 60-2704, the manufacturer is presumed to have had a reasonable number of attempts if, within the warranty period or 1 year of delivery (whichever is earlier), either: (a) the same nonconformity has been subject to repair 4 or more times by the manufacturer, its agents, or authorized dealers, OR (b) the vehicle has been out of service by reason of repair for a cumulative total of 40 or more days. Before the presumption applies, you must give the manufacturer prior written direct notification by certified mail and an opportunity to cure the defect.

No. The Nebraska Motor Vehicle Warranty Act explicitly does not cover vehicles sold as used. The Act protects only new motor vehicles purchased by consumers in Nebraska. Nebraska does not have a separate state used-car warranty statute, so used-car buyers rely on the federal Magnuson-Moss Warranty Act (which protects any written warranty), any dealer or extended warranty contract, the implied warranty of merchantability under the Nebraska UCC (often disclaimed in 'as-is' sales), and the Nebraska Consumer Protection Act for deceptive-trade-practices claims.

The Nebraska Motor Vehicle Warranty Act defines 'consumer' as the purchaser of a motor vehicle, and it is not as explicit about lessees as some other states' lemon laws. In practice, leased new vehicles where the lessee holds and is entitled to enforce the manufacturer's express warranty are commonly handled under the Act, but lessees should confirm coverage with the Nebraska Attorney General's Consumer Protection Division or counsel before relying on it. The federal Magnuson-Moss Warranty Act remains available to lessees regardless.

Under Neb. Rev. Stat. § 60-2706, any action brought under the Nebraska Motor Vehicle Warranty Act must be commenced within (1) 1 year following the expiration of the express warranty term, OR (2) 2 years following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date. The defect must also have been reported during the warranty term or within 1 year of delivery. Because both deadlines can run quickly, document every repair visit and start the certified-mail notice process as soon as the 4-repair / 40-day threshold approaches.

Yes. Under Neb. Rev. Stat. § 60-2705, the Nebraska Director of Motor Vehicles adopts standards for an informal dispute settlement procedure that substantially complies with FTC Rule 16 C.F.R. Part 703. Consumers must exhaust the manufacturer's certified dispute settlement procedure before pursuing remedies under § 60-2703 for refund or replacement. A decision should arrive within 40 days of the arbitrator receiving the complaint. The decision is not binding on you — you can reject it and sue.

If the manufacturer cannot conform the vehicle to warranty after a reasonable number of attempts, the manufacturer must replace the vehicle with a comparable motor vehicle OR accept return and refund the full purchase price including all sales taxes, license fees, registration fees, and similar governmental charges, minus a reasonable allowance for the consumer's use of the vehicle (Neb. Rev. Stat. § 60-2703). The use allowance excludes any time the vehicle was out of service for repair. Manufacturers can defend by showing the defect doesn't substantially impair use/value or was caused by abuse, neglect, or unauthorized modification.