Lemon Law Summary
Vehicles under 10,000 lbs. GVW, used to transport persons or property over highways, also applies to the self propelled vehicle and chassis of a motor home.
/ Day Out Of Service
4 repair attempts or 30 calendar days out of service.
Express warranty period or 2 years or 24,000 miles, whichever occurs first
444-1261 . Definitions; exemptions
A. In this article, unless the context otherwise requires:
- 1. "Consumer" means the purchaser, other than for purposes of resale, of a
motor vehicle, any person to whom the motor vehicle is transferred during the
duration of an express warranty applicable to the motor vehicle or any other
person entitled by the terms of the warranty to enforce the obligations of the
- 2. "Motor vehicle" means a self-propelled vehicle designated primarily for
the transportation of persons or property over the public highways.
B. If the motor vehicle is a motor home, the provisions of this article shall
apply to the self-propelled vehicle and chassis but does not include those
portions of the vehicle designed, used or maintained primarily as a mobile
dwelling, office or commercial space.
C. The provisions of this article do not apply to a motor vehicle with a
declared gross weight over ten thousand pounds.
44-1262 . New motor vehicle; repair during express warranty or two
years or twenty-four thousand miles
A. If a new motor vehicle does not conform to all applicable express
- 1. A consumer shall report the nonconformity to the manufacturer, its agent
or its authorized dealer or issuer of a warranty during the shorter of the
- (a) The term of the express warranty.
- (b) The period of two years or twenty-four thousand miles following the date
of original delivery of the motor vehicle to the consumer, whichever is earlier.
- 2. The manufacturer, its agent or its authorized dealer or the issuer of a
warranty shall make those repairs that are necessary to conform the motor
vehicle to such express warranties, even if the repairs are made after the
expiration of the term or two year period or twenty-four thousand mile limit.
B. This section does not limit in any way the remedies available to a
consumer under a new motor vehicle warranty that extends beyond the limits
prescribed in this section.
44-1263 . Inability to conform motor vehicle to express warranty;
replacement of vehicle or refund of monies; affirmative defenses
A. If the manufacturer, its agents or its authorized dealers are unable to
conform the motor vehicle to any applicable express warranty by repairing or
correcting any defect or condition which substantially impairs the use and value
of the motor vehicle to the consumer after a reasonable number of attempts, the
manufacturer shall replace the motor vehicle with a new motor vehicle or accept
return of the motor vehicle from the consumer and refund to the consumer the
full purchase price, including all collateral charges, less a reasonable
allowance for the consumer's use of the vehicle. The manufacturer shall make
refunds to the consumer and lienholder, if any, as their interests appear. A
reasonable allowance for use is that amount directly attributable to use by the
consumer before his first written report of the nonconformity to the
manufacturer, agent or dealer and during any subsequent period when the vehicle
is not out of service by reason of repair.
B. It is an affirmative defense to any claim under this article that either:
- 1. An alleged nonconformity does not substantially impair the use and market
value of the motor vehicle.
- 2. A nonconformity is the result of abuse, neglect or unauthorized
modifications or alterations of the motor vehicle.
44-1264 . Reasonable number of attempts to conform motor vehicle to
express warranty; presumption
A. It is presumed that a reasonable number of attempts have been undertaken
to conform a motor vehicle to the applicable express warranties if either:
- 1. The same nonconformity has been subject to repair four or more times by
the manufacturer or its agents or authorized dealers during the shorter of the
express warranty term or the period of two years or twenty-four thousand miles
following the date of original delivery of the motor vehicle to the consumer,
whichever is earlier, but the nonconformity continues to exist.
- 2. The motor vehicle is out of service by reason of repair for a cumulative
total of thirty or more calendar days during the shorter of the express warranty
term or the two year period or twenty-four thousand miles, whichever is earlier.
B. The term of an express warranty, the two year period and the thirty day
period are extended by any period of time during which repair services are not
available to the consumer because of any war, invasion, strike, fire, flood or
other natural disaster.
C. The presumption prescribed in this section does not apply against a
manufacturer unless the manufacturer has received prior direct written
notification from or on behalf of the consumer of the alleged defect and has had
an opportunity to cure the alleged defect.
44-1265 . Nonlimitation of rights; refund or replacement not required
if certain procedures not followed; attorney fees
A. If a manufacturer has established or participates in an informal dispute
settlement procedure which complies in all respects with 16 code of federal
regulations part 703, section 44-1263 relating to refunds or replacement does
not apply to any consumer who has not first resorted to such a procedure.
B. A consumer shall begin an action under this article within six months
following the earlier of expiration of the express warranty term or two years or
twenty-four thousand miles following the date of original delivery of the motor
vehicle to the consumer, whichever is earlier. If a consumer prevails in an
action under this article, the court shall award the consumer reasonable costs
and attorney fees.
44-1266 . Notice to dealers and prospective purchasers
A. A manufacturer who has been ordered by judgment or decree to replace or
repurchase a motor vehicle pursuant to this article or the repair or replace
laws of another state shall, before offering the motor vehicle for resale,
attach to the motor vehicle written notification indicating the motor vehicle
has been replaced or repurchased. A consumer has a cause of action against any
person who removes the written notification from the motor vehicle, except as
provided in subsection B of this section.
B. A motor vehicle dealer, broker, wholesale motor vehicle dealer or
wholesale motor vehicle auction dealer as defined in section 28-4301 who offers
for sale a motor vehicle that has been replaced or repurchased pursuant to this
article or the repair or replace laws of another state shall provide the
purchaser with the manufacturer's written notification indicating that the motor
vehicle has been replaced or repurchased before completion of the sale.
C. It shall constitute an affirmative defense in an action brought pursuant
to subsection A of this section against a motor vehicle dealer or an agent of a
motor vehicle dealer that the notification described in subsection A of this
section was removed by someone other than the dealer or agent without the
knowledge of the dealer or agent.