Frequently Asked Questions About Lemon Law
Do I actually have a lemon? Does my vehicle qualify under Nevada's Lemon Law, and what are the specific criteria?
Not every car problem qualifies as a “lemon.” Under Nevada law, a vehicle is typically considered a lemon if it has a serious defect that affects its use, value, or safety, and the manufacturer or dealership has not been able to fix it after a reasonable number of attempts. A reasonable number of repair attempts are typically 4 or more. Or the vehicle has been out of service for 30 days or more within 1 year from the date the new vehicle was delivered.
Common examples include:
Repeated engine or transmission issues
Ongoing electrical failures
Safety-related defects (brakes, steering, etc.)
The claim must be commenced within 18 months of the new vehicle’s original delivery.
Is there a time limit to file a claim? How long do I have from the date of purchase or discovery of the defect to take legal action?
Yes. In Nevada, lemon law claims are time-sensitive.
The defect must arise within the first year. The claim must be brought within 18 months after the vehicle’s original delivery.
What vehicles are covered? Does the law apply to used cars, leased vehicles, motorcycles, or only new cars?
Nevada Lemon Law primarily covers:
New vehicles
For personal use (not commercial vehicles)
With defects that occur in the first year after delivery.
Vehicles still under manufacturer warranty.
Vehicles for highway use - including motorcycles, but not motorhomes.
Lemon law generally does not apply to used cars. If the defect arises within 1 year of delivery to the original buyer, and the vehicle is still under warranty, it may apply to used cars.
What defects qualify? Does my problem — like recurring electrical issues or transmission problems — rise to the level of a "substantial defect"?
The defect must be substantial, meaning it significantly impacts the safety, use, or value of the vehicle. Issues such as engine problems, transmission failures, or defects affecting braking and steering would qualify. Minor issues, such as cosmetic imperfections, typically do not qualify.
How many repair attempts are required? Does the dealership need a specific number of failed attempts to fix the problem before I can file a claim?
4 or more repair attempts OR the vehicle is out of service for 30 days or more due to the defect.
How much does it cost to hire you? Are there upfront fees, or do you work on a contingency basis?
The vehicle manufacturer pays us, not our clients. You won’t pay out of pocket to hire us.
Who pays the attorney's fees? If I win, does the manufacturer pay my legal costs under Nevada law?
If we win, the manufacturer pays our legal costs. If we don’t win, you don’t pay.
What outcomes can I expect? Can I get a full refund, a replacement vehicle, or cash compensation — and which is most likely in my case?
Possible outcomes include a buyback (a refund of your purchase minus a mileage allowance), a replacement vehicle, or a cash settlement (“cash and keep”). The best option depends on your situation.
How long will the process take? Is this a matter of weeks, months, or potentially years?
Many cases resolve in just a few months, but complex cases can take longer, especially if litigation is required.
Do I need to keep making car payments during the case? What happens to my loan or lease while the claim is being resolved?
Yes. You should continue making payments, to avoid credit damage unless advised otherwise.
Can I still drive the car during the process? Am I required to surrender the vehicle before the case is settled?
Yes, in most cases you can continue driving the vehicle unless it’s unsafe. When you surrender your lemon, the manufacturer will issue you a check soon afterwards.
What documentation do I need? What records, repair orders, and communications should I gather before we get started?
Helpful documents for a lemon law claim: repair orders, rurchase agreement, warranty and written communication with dealership.
Have you handled cases like mine before? What is your track record with cases involving my vehicle make or type of defect?
Yes — we handle lemon law cases and evaluate each claim carefully to maximize recovery.
Will I have to go to court? Is it likely my case will settle out of court, or should I prepare for litigation?
Most cases settle without trial, but we prepare every case as if it may go to court.
What if the manufacturer offers me a settlement? How do I know if a settlement offer is fair, and will you negotiate on my behalf?
We review and negotiate all offers to ensure they are fair and maximize your recovery.
Does Nevada Lemon Law cover vehicles bought out of state? What if I purchased my car in California or another state but I live in Nevada?
Often the purchase agreement from out of state will require the law from that state to apply. However, if you live in Nevada, took possession of your new car in Nevada, and registered the vehicle in Nevada, we can review your individual claim to see if it makes sense to proceed in Nevada.
What if my warranty has expired? Can I still file a claim if the defect appeared near the end of or after the warranty period?
The new car defect must occur in the first year, and most car manufacturers have a warranty that lasts longer than one year. If your vehicle’s defect occurred in the first year, and your warranty has expired, we can review the specific details of your claim to determine whether you may have a claim.
Will this affect my credit? If I return the vehicle or stop payments, could that negatively impact my credit score?
A proper lemon law claim should not negatively affect your credit, as long as vehicle payments are maintained during the process.
How will you communicate with me throughout the case? How often will I receive updates, and who will be my main point of contact?
Attorney Tom will be your main contact throughout the process. We usually keep in touch via e-mail to make sure there is no miss-communication. Our clients receive updates each step of the way.
What happens if we lose? Am I on the hook for any costs or fees if the claim is unsuccessful?
We take the risk and you don’t pay our legal fees if a claim is not successful.