Your new vehicle may have never had the same problem four times.
Instead, it may have a completely different problem every time you visit the dealership.
First, the vehicle has an electrical problem.
Then the air conditioning stops working.
Then the transmission begins shifting incorrectly.
Then the vehicle develops another serious problem.
Does that mean it cannot be a lemon because the problems are different?
Not necessarily.
The four-repair benchmark refers to the same nonconformity
Nevada’s statute specifically provides a presumption when the same nonconformity has
been subject to repair four or more times and continues to exist.
So you should not simply add up every dealership visit and assume that four visits automatically satisfy the four-repair presumption.
But that does not mean the other repair visits are irrelevant.
Your complete repair history matters
Imagine a new truck has:
- a transmission problem requiring two repair visits;
- a repeated electrical failure requiring two visits;
- a serious braking warning requiring another visit; and
- a separate engine problem requiring another visit.
Even though the problems are not identical, you have a substantial repair history.
The manufacturer may have had numerous opportunities to address problems with the vehicle.
The overall condition and reliability of the vehicle may be important.
Different problems can still affect use and value
Nevada’s Lemon Law looks at whether a defect or condition substantially impairs the vehicle’s use and value to the buyer.
That means a case should not focus only on:
“Was the exact same part repaired four times?”
Other facts can matter.
For example:
- How serious were the problems?
- How long was the vehicle in the shop?
- Did the problems affect safety?
- Did the vehicle repeatedly leave you without transportation?
- Were major components replaced?
- Are serious problems still occurring?
- Has the manufacturer offered a solution?
Don’t throw away the “minor” repair orders
A common mistake is to keep only records involving what the owner thinks is the biggest
problem.
Keep everything.
A repair order for a problem that seems unrelated today may become relevant when someone later reviews the vehicle’s entire history.
Keep track of time out of service
This is important.
Nevada law provides a presumption involving 30 or more cumulative calendar days that the vehicle is out of service for repairs during the applicable period, subject to the statute’s qualifications.
So even when the vehicle has different problems, you should calculate the total amount of time it has spent unavailable for repairs.
The question is not simply: “Do I have four repairs?”
If you have a new vehicle with multiple serious problems, the better question may be:
“Why am I repeatedly having significant warranty problems with a vehicle that I just bought new?”
Take the 30-Second Nevada New Car Problem Quiz
If your new car has been in the shop repeatedly, you don’t have to figure out
whether it might be a lemon by yourself.
Take our 30-second Nevada New Car Problem Quiz.
We’ll ask about your vehicle, warranty, repair history and time out of service.
Precision Injury Law represents Nevada consumers with qualifying vehicle
warranty and Lemon Law problems.
This site is for informational use only, does not provide legal advice, and does not
create an attorney-client relationship through browsing or form submissions.