The most frustrating sentence a new-car owner can hear may be:
“Bring it back and we’ll take another look.”
You already did that.
Maybe three times.
Maybe four.
Maybe more.
You’ve missed work. You’ve arranged rides. You’ve spent hours at the dealership. And you’re still driving a new vehicle that doesn’t work the way it was supposed to when you bought it.
So what are your options?
Start With the Repair History
Create a timeline.
For example:
- January 10: Transmission slipping. Dealer inspected vehicle.
- February 3: Transmission slipping again. Software update performed.
- March 14: Same problem. Transmission control module replaced.
- April 20: Same problem. Dealer unable to duplicate concern.
- May 17: Same problem. Vehicle remains at dealer for six days.
This is much more useful than saying:
“I’ve taken it in a bunch of times.”
“Same Problem” Doesn’t Always Mean Identical Words
Don’t get too hung up on whether every repair order uses exactly the same terminology.
Consumers describe problems in everyday language.
A driver may say:
“The car jerks.”
A technician may write:
“Harsh 2-3 shift.”
Another repair order might say:
“Transmission hesitation.”
Those descriptions could relate to the same underlying problem.
The complete repair history matters.
Nevada’s Four-Repair Benchmark
Nevada Lemon Law contains an important presumption when the same defect has been subject to repair four or more times during the first year and continues to exist.
There is also a separate presumption when the vehicle has been out of service for repairs for 30 or more cumulative calendar days during the first year.
But remember:
Four repair attempts or 30 cumulative days are important benchmarks under Nevada law—but they aren’t necessarily the only circumstances in which you may have a claim.
The law ultimately concerns whether the manufacturer has had a reasonable number of opportunities to conform the vehicle to its warranty and whether the nonconformity substantially impairs its use and value.
What If They Say “This Is How the Car Is Designed”?
This is a common point of disagreement.
The manufacturer or dealer may argue that a noise, vibration, shift, warning, software behavior or other condition is normal.
If you disagree, document the problem.
Ask for the explanation in writing when appropriate.
If another vehicle of the same model behaves differently, document that if you can do so safely and legitimately.
You don’t need to become a mechanic.
Your job is to accurately describe what the vehicle is doing.
What Should You Do at the Next Repair Visit?
Be precise.
Tell the service adviser:
1. What happens.
2. When it happens.
3. How often it happens.
4. Whether it affects safety.
5. Whether the problem has happened before.
6. What happened during previous repairs.
Then review the repair order before leaving.
If it doesn’t accurately describe your complaint, ask whether it can be corrected.
What If the Dealer Keeps Saying “No Problem Found”?
Don’t assume that means your rights disappear.
Intermittent defects can be difficult to diagnose.
Document the circumstances when the problem occurs.
If safe, video or photograph the condition when it happens.
And make sure the dealer knows that the problem is continuing.
Could the Vehicle Be a Lemon?
Possibly.
This is the point where the legal term becomes useful.
Lemon Law generally refers to laws protecting consumers who receive vehicles with substantial warranty defects that cannot be corrected after a reasonable number of repair attempts.
Nevada has its own Lemon Law provisions, including the repair-attempt and days-out-of-service presumptions discussed above.
Don’t Wait for the Dealer to Tell You It’s a Lemon
A dealership isn’t going to say:
“Congratulations. You’ve reached the point where you should contact a Lemon Law lawyer.”
The dealer’s job is to diagnose and repair the vehicle.
Your job as the consumer is to understand your rights.
What If the Manufacturer Has a Dispute Program?
Nevada law provides that if a manufacturer has established or designated an informal dispute-settlement procedure that substantially complies with the applicable federal requirements, a buyer must submit the claim through that procedure before bringing certain actions under NRS 597.630.
That makes it important to know what manufacturer you’re dealing with and what dispute-resolution process applies.
What About Federal Warranty Law?
If the original manufacturer’s warranty is still in effect, the federal Magnuson-Moss law may also be relevant.
The federal law governs qualifying written warranties on consumer products.
Again, this isn’t simply an automatic buyback law. The warranty and the facts matter.
You Don’t Pay Us. The Manufacturer Pays Our Legal Fees.
If your vehicle has a significant repair history, you don’t necessarily need to spend thousands of dollars simply to find out whether you have a claim.
You don’t pay us. The manufacturer pays our legal fees in qualifying cases where applicable law provides for fee recovery.
Take the Quiz
If the dealer has tried repeatedly to fix your new car, take our:
30-SECOND NEVADA NEW CAR PROBLEM QUIZ
It takes about 30 seconds and can help determine whether your situation deserves further review.
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