It is frustrating having a new car that you cannot trust.
You bought it because you wanted reliability.
Instead, you’re getting:
- A car that won’t start.
- A vehicle that loses power.
- A transmission that doesn’t work correctly.
- Warning lights that keep returning.
- Electrical problems.
- Repeated overheating.
- Software failures.
- A vehicle that has spent more time at the dealership than in your driveway.
At some point, you stop asking:
“How do I get this fixed?”
and start asking:
“Can I just give this car back?”
In some circumstances, Nevada’s Lemon Law may answer “yes,” providing a path toward a refund or replacement.
Don’t Just Trade the Car In
One of the first things some frustrated owners consider is trading the vehicle for another one.
Be careful.
Trading in a defective vehicle can create financial complications, especially if you owe more on the loan than the vehicle is worth.
You also may be giving up potential legal rights.
Before trading in a vehicle with serious recurring warranty defects, consider getting legal advice.
First Determine How Serious the Problem Is
Not every new-car problem creates a Lemon Law claim.
Nevada’s law concerns defects covered by express warranties that substantially impair the vehicle’s use and value, subject to other statutory requirements.
A serious engine defect is obviously different from a minor issue like a loose interior panel.
A vehicle that repeatedly stalls is different from one with a minor cosmetic defect.
How Many Times Has the Dealer Tried to Fix It?
One of the most important things to consider is your vehicle’s repair history.
Nevada law provides a presumption that a reasonable number of attempts have occurred when the same continuing nonconformity has been repaired four or more times during the applicable period.
There is also a 30-calendar-day out-of-service presumption.
So what this means is:
Four repair attempts OR 30 cumulative days are important benchmarks under Nevada Lemon law—but they aren’t necessarily the only circumstances in which you may have a claim.
If you’ve had three serious failed repair attempts, don’t assume you have no claim.
What Does “Return” Mean?
If a vehicle qualifies under Nevada’s Lemon Law, the statute provides for replacement or refund.
A refund can include the vehicle’s purchase price and certain taxes, license, registration and similar governmental charges, minus an allowance for miles driven.
If there is a loan or lien on the vehicle, this may be paid off by the manufacturer.
That’s one reason a Lemon Law buyback isn’t as simple as handing the keys back to the dealership.
What If I Leased the Vehicle?
Don’t assume that leasing automatically eliminates your rights.
Lease situations can have additional financial and contractual considerations, so they should be evaluated individually.
What If the Dealer Says the Problem Is Fixed?
This is where documentation becomes critical.
Suppose your vehicle has been repaired four times for a transmission problem.
Each time the dealership says it fixed the problem.
But the transmission continues to slip, jerk, or function improperly.
The fact that the dealership says “fixed” doesn’t necessarily mean the defect has actually been corrected.
Keep reporting the continuing problem and keep returning your vehicle for repairs.
Keep the repair orders.
Don’t refuse a legitimate warranty repair simply because you read an article online saying you’ve reached a certain number of attempts.
What About Magnuson-Moss?
If your vehicle remains covered by the manufacturer’s original warranty, federal warranty law may also be relevant.
The Magnuson-Moss Warranty Act applies to qualifying consumer products covered by warranties.
The important point is that Magnuson-Moss is tied to warranty obligations. It is not a guarantee that an owner of an older vehicle can simply demand a buyback, and only applies when the original warranty is in effect.
There Is a Deadline
Nevada provides an 18-month period after original delivery of a new vehicle to the original buyer to file an action under the state’s Lemon Law provisions.
That deadline is one reason you shouldn’t wait indefinitely while hoping the next repair will finally solve everything.
You Don’t Pay Us. The Manufacturer Pays Our Legal Fees.
Many people don’t contact an attorney because they assume:
“A lawyer is going to cost me thousands of dollars.”
For qualifying Lemon Law and warranty cases, you may be able to obtain representation without paying the lawyer’s fee out of pocket.
You don’t pay us. The manufacturer pays our legal fees.
Whether fee recovery is available depends on the legal claims and facts of the particular case.
Is Your New Car a Problem or a Lemon?
Take our:
30-SECOND NEVADA NEW CAR PROBLEM QUIZ
If your vehicle keeps breaking down, it may be time to find out what options you have.
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