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Nebraska Lemon Law
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60-2701
Terms, defined. As used in sections 60-2701 to 60-2709,unless the context otherwise requires: (1) Consumer shall mean the purchaser, other than for purposes of resale, of a motor vehicle normally used for personal, family, household, or business purposes, any person to whom such motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty; (2) Motor vehicle shall mean a new motor vehicle as defined in section 60-1401.02 which is sold in this state, excluding self-propelled mobile homes as defined in section 60-301; and (3) Manufacturer's express warranty shall mean the written warranty, so labeled, of the manufacturer of a new motor vehicle. Laws 1983, LB 155, § 1; Laws 1989, LB 280, § 10. 60-2702 Motor vehicle not conforming to express warranties; duty to repair. If a motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the term of such express warranties or during the period of one year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, the manufacturer, its agent, or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such express warranties, notwithstanding the fact that such repairs are made after the expiration of such term or such one-year period. Laws 1983, LB 155, § 2. 60-2703 Manufacturer's duty to replace vehicle or refund price; when; affirmative defense. If the manufacturer, its agents, or authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use and market value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a comparable motor vehicle or accept return of the vehicle from the consumer and refund to the consumer the full purchase price including all sales taxes, license fees, and registration fees and any similar governmental charges, less a reasonable allowance for the consumer's use of the vehicle. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear. A reasonable allowance for use shall be that amount directly attributable to use by the consumer and any previous owner prior to 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 by reason of repair. It shall be an affirmative defense to any claim under sections 60-2701 to 60-2709 (1) that an alleged nonconformity does not substantially impair such use and market value or (2) that a nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of a motor vehicle by a consumer. Laws 1983, LB 155, § 3. 60-2704
Attempts to conform motor vehicle to warranties; presumption; term of
warranty; how computed. 60-2705
Dispute settlement procedure; effect; director; duties. 60-2707
Attorney's fees; when allowed.
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Note: Information in this section of FastCoolCars is solely placed and told from resources that I have found
doing research on lemon laws. For exact up to date laws pertaining to your
issue(s) with your vehicle, check with your local and state law makers.
Information contained within is up to date as of 12-10-04. |
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