Nebraska's lemon law and your rights as a buyer

What the lemon law protects, what it doesn't, and what rights you keep when you buy used. With the state's exact deadlines.

This guide summarizes the recorded scope for Nebraska (Neb. Rev. Stat. §§ 60-2701 a 60-2709). Eligibility, deadlines and notice requirements depend on the law and applicable coverage; read the state conditions below, including used-vehicle conditions where relevant.

What it covers

New vehicles sold in Nebraska, for personal, family, household or business use, from a motorcycle to a semi, including those leased from a Nebraska dealer, with a defect that substantially impairs use and market value. Mind that "and": § 60-2703 requires both, although the DMV page paraphrases it as "use or market value".

Rights period: Whichever ends first: the maker's express warranty or 1 year from delivery to the first owner. To sue: 1 year after the warranty ends or 2 years from delivery, whichever comes first (§ 60-2706).

When it is presumed a lemon

Four or more failed repairs of the same defect, or 40 or more cumulative days out of service, within that period. First the owner must notify the maker in writing, by mail with return receipt, and give it a chance to fix it (§ 60-2704).

The presumption does not replace the other requirements. Check the official conditions and procedure for your situation.

The process

If the maker has a dispute program recognized by the DMV, you must use it first (§ 60-2705); for several brands it is BBB AUTO LINE. Arbitration is free, needs no lawyer and usually takes under 40 days; the decision binds only the maker: if you reject it, you can go to court. If you win in court, the maker pays your lawyer (§ 60-2707). Watch the money: the DMV warns that makers with NO DMV-recognized program will not refund the sales tax or the license and registration fees, and that if you accept a buy-back without those amounts the Nebraska Department of Revenue will not refund them either — that money is simply lost. With those makers you are not required to use arbitration and may sue directly.

Who handles it: Nebraska Department of Motor Vehicles — Legal Division.

Hotline: 402-471-3985 (DMV) · BBB AUTO LINE 1-800-334-2406.

What you get if you win

A comparable replacement vehicle or a refund of the full price, including sales tax, license and registration fees, minus a reasonable allowance for use (§ 60-2703).

What it does not cover

Recreational vehicles and self-propelled motor homes, trailers; defects from abuse, neglect or unauthorized changes; defects that do not substantially impair use or value; used cars sold "as is". Service contracts or extended warranties do not extend the period.

I bought used: what do I have left

More than it seems, even if it isn't the lemon law:

• The Buyers Guide (FTC). The guide states the dealer warranty. "As Is" describes that warranty; it does not by itself resolve other state-law rights or remaining manufacturer coverage. The federal rule applies in 48 states (Maine and Wisconsin have their own equivalent rules). If the sale is conducted in Spanish, the dealer must post a Spanish-language Buyers Guide.
• Remaining manufacturer warranty. Check the warranty contract and its duration and transfer conditions; vehicle age does not guarantee coverage.
• In Nebraska: There is no used-car lemon law. If you buy "as is", there is no warranty and no 3-day right to cancel. You are protected by the mandatory title brand (§ 60-174), the Consumer Protection Act (§ 59-1602) and the Uniform Deceptive Trade Practices Act (§ 87-302). Complaints against dealers go to the Motor Vehicle Industry Licensing Board and the Attorney General.