QUESTION
Does my car qualify for return under Nevada's Lemon Law
Asked on Aug 21st, 2013 on Consumer Law - Nevada
More details to this question:
I purchased a new vehicle from a dealership less than 30 days ago. When I went to pick up the vehicle there were some scratches in the paint that needed to be fixed. I have now taken the car to them on 4 separate occasions to have the scratches fixed. The first time they added new scratches and did a poor job repairing the originals. The 2nd time they again did a very poor repair (it looked like pockmarks on the car). The third time they took it they decided not to work on it themselves and send it to a body shop to have the front and rear bumpers resprayed and a trim panel on the door replaced. Now its back from the body shop and they need to send it in again because the poor repaint they tried on 1 spot the 2nd time has now come off and the trim panels are still messed up. My understanding of the law is that if the do not fix it properly and adequately on the next attempt I can go through the procedure to have them take it back as a lemon under Nevada law. Am I correct?
1 ANSWER
R. Christopher Reade
NRS 597.610 provides that "[i]f a new motor vehicle does not conform to all of the manufacturer's applicable express warranties and the buyer reports the nonconformity in writing to the manufacturer: (1) [b]efore the expiration of the manufacturer's express warranties; or (2) no later than 1 year after the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, the manufacturer. . . or its authorized dealer shall make such repairs as are necessary to conform the vehicle to the express warranties without regard to whether the repairs will be made after the expiration of the express warranty or" 1 year from delivery. The definition of "nonconformity" has been held to mean any defect or condition that substantially impairs the use and value of the motor vehicle to the buyer. Whether the paint would constitute substantial impairment of value is debatable; it most likely does not impair use.
Answered on Aug 22nd, 2013 at 8:46 PM