Key takeaways
- Protection period: term of the express warranty or 1 year from original delivery to a consumer, whichever is earlier.
- Repair attempts: same nonconformity subject to repair 4 or more times within the protection period and it continues to exist.
- Days out of service: cumulative total of 40 or more days out of service by reason of repair during the protection period (statute says 'days', not specified as calendar or business).
- Deadline: within 1 year after the express warranty term expires or 2 years after original delivery to a consumer, whichever is earlier.
- The law is Neb. Rev. Stat. §§ 60-2701 to 60-2709. Read it with your repair orders and your warranty in front of you.
On this page
Nebraska's lemon law is Neb. Rev. Stat. §§ 60-2701 to 60-2709, the Nebraska Lemon Law (motor vehicle express warranties). It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
Nebraska lemon law at a glance
| Statute | Neb. Rev. Stat. §§ 60-2701 to 60-2709 |
|---|---|
| Official name | Nebraska Lemon Law (motor vehicle express warranties) |
| Vehicles covered | New motor vehicles (as defined in § 60-1401.30) sold in Nebraska and normally used for personal, family, household, or business purposes. Excludes recreational vehicles as defined in § 60-347. Applies beginning with 1984 model year vehicles. |
| Protection period | Term of the express warranty or 1 year from original delivery to a consumer, whichever is earlier. |
| Repair attempts | Same nonconformity subject to repair 4 or more times within the protection period and it continues to exist. |
| Days out of service | Cumulative total of 40 or more days out of service by reason of repair during the protection period (statute says 'days', not specified as calendar or business). |
| Notice to the manufacturer | The presumption does not apply unless the manufacturer received prior written direct notification by certified mail from or on behalf of the consumer and an opportunity to cure the defect. |
| Dispute programs | If the manufacturer has or participates in a dispute settlement procedure certified by the Director of Motor Vehicles (standards substantially complying with 16 C.F.R. Part 703), the consumer must first use it before the refund/replacement remedy applies. No separate state-run arbitration program in the statute. |
| Deadline to bring a claim | Within 1 year after the express warranty term expires or 2 years after original delivery to a consumer, whichever is earlier. |
| Remedies | Replacement with a comparable vehicle or refund of the full purchase price including sales taxes, license and registration fees and similar governmental charges, less a reasonable allowance for use before the first report of the nonconformity and while not out of service for repair. |
| Attorney's fees | Yes. The court shall award reasonable attorney's fees if the prevailing party is the consumer (§ 60-2707). |
| Used vehicles | No used-car lemon law. A person to whom the vehicle is transferred for the same purposes during the express warranty is a 'consumer', and use by any previous owner is counted in the use offset. |
Does your vehicle qualify in Nebraska?
The law covers new motor vehicles (as defined in § 60-1401.30) sold in Nebraska and normally used for personal, family, household, or business purposes. Excludes recreational vehicles as defined in § 60-347. Applies beginning with 1984 model year vehicles. The protection period is term of the express warranty or 1 year from original delivery to a consumer, whichever is earlier. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: Same nonconformity subject to repair 4 or more times within the protection period and it continues to exist.
- Days out of service: Cumulative total of 40 or more days out of service by reason of repair during the protection period (statute says 'days', not specified as calendar or business).
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
The presumption does not apply unless the manufacturer received prior written direct notification by certified mail from or on behalf of the consumer and an opportunity to cure the defect.
If the manufacturer has or participates in a dispute settlement procedure certified by the Director of Motor Vehicles (standards substantially complying with 16 C.F.R. Part 703), the consumer must first use it before the refund/replacement remedy applies. No separate state-run arbitration program in the statute.
Deadline: Within 1 year after the express warranty term expires or 2 years after original delivery to a consumer, whichever is earlier.
State resource: Nebraska Department of Motor Vehicles, Legal Division (Lemon Law).
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
Replacement with a comparable vehicle or refund of the full purchase price including sales taxes, license and registration fees and similar governmental charges, less a reasonable allowance for use before the first report of the nonconformity and while not out of service for repair. Yes. The court shall award reasonable attorney's fees if the prevailing party is the consumer (§ 60-2707). Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Nebraska's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your Nebraska vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in Nebraska?
Under Neb. Rev. Stat. §§ 60-2701 to 60-2709, the presumption is met when same nonconformity subject to repair 4 or more times within the protection period and it continues to exist. The law also counts time in the shop: cumulative total of 40 or more days out of service by reason of repair during the protection period (statute says 'days', not specified as calendar or business).
How long do I have to file a lemon law claim in Nebraska?
Within 1 year after the express warranty term expires or 2 years after original delivery to a consumer, whichever is earlier. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the Nebraska lemon law cover used cars?
No used-car lemon law. A person to whom the vehicle is transferred for the same purposes during the express warranty is a 'consumer', and use by any previous owner is counted in the use offset. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Do I have to notify the manufacturer in Nebraska?
The presumption does not apply unless the manufacturer received prior written direct notification by certified mail from or on behalf of the consumer and an opportunity to cure the defect. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in Nebraska?
If the manufacturer has or participates in a dispute settlement procedure certified by the Director of Motor Vehicles (standards substantially complying with 16 C.F.R. Part 703), the consumer must first use it before the refund/replacement remedy applies. No separate state-run arbitration program in the statute.
Can I recover attorney's fees under the Nebraska lemon law?
Yes. The court shall award reasonable attorney's fees if the prevailing party is the consumer (§ 60-2707). We explain exactly how fees work in your case before you sign anything.
Sources
- Neb. Rev. Stat. 60-2701 Terms defined (Nebraska Legislature)
- Neb. Rev. Stat. 60-2702 Duty to repair
- Neb. Rev. Stat. 60-2703 Replace or refund
- Neb. Rev. Stat. 60-2704 Presumption
- Neb. Rev. Stat. 60-2705 Dispute settlement procedure
- Neb. Rev. Stat. 60-2706 Statute of limitations
- Neb. Rev. Stat. 60-2707 Attorney's fees
- Nebraska DMV - Lemon Law