STANDARDS OF THE NEVADA LEMON LAW
The following is a brief explanation of most relevant provisions of the Nevada lemon
law. The complete text of the lemon law can be found at Nevada Rev. Stat. section
597.600 et seq.
VEHICLES COVERED
The Nevada lemon law covers motor vehicles, defined as self-propelled vehicles in, upon
or by which any person or property is or may be transported upon a public highway.
The lemon law appears to cover used vehicles, but does not cover motor homes or off-
road vehicles.
CONSUMERS COVERED
The lemon law covers the “buyer”, defined as:
1. A person who purchases or contracts to purchase, for purposes other than resale, a
motor vehicle normally used for personal, family or household purposes;
2. 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; and
3. Any other person entitled by the terms of the warranty to enforce its obligations.
The lemon law appears not to cover a lessee.
VEHICLE CONVERTERS
The lemon law does not apply to vehicle converters.
PROBLEMS COVERED
The lemon law covers any defect or condition that substantially impairs the use and
value of the motor vehicle to the buyer. This is referred to as a nonconformity. 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.
MANUFACTURER’S DUTY TO REPAIR
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 or the one year
period has expired.
MANUFACTURER’S DUTY TO REPURCHASE OR REPLACE A VEHICLE
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.
REASONABLE NUMBER OF REPAIR ATTEMPTS
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. The time the express warranty is in effect and the one year period are
extended by any period of time dur ing which repair services are not reasonably available
to the buyer because of war, invasion, strike, fire, flood, or other natural disaster.
DISPUTE RESOLUTION
If the manufacturer has established or designated an informal dispute settlement
procedure that complies with 16 C.F.R. Part 703, then they 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.
TIME PERIOD FOR FILING CLAIMS
An action must be commenced within 18 months after the date of the vehicle’s original
delivery to the buyer.
REMEDIES UNDER THE NEVADA LEMON LAW
REPURCHASE OF OWNED VEHICLE
The Nevada lemon law sets out the following amounts that a manufacturer must pay
when it repurchases a motor vehicle under the lemon law:
1. The full purchase price, and
2. All sales taxes, license fees, registration fees and other similar governmental charges;
3. Less a reasonable allowance for the buyer’s use of the vehicle.
Refunds must be made to the buyer and lienholder, if any, as their interests may appear.
The reasonable allowance for use is that amount directly attributable to use by the buyer
before the 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.
REPLACEMENT VEHICLE
The Nevada lemon law provides that a replacement vehicle must be 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. The reasonable
allowance for use does not apply to a replacement.