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Nevada
Lemon Law
Nevada
Revised Statutes, 597.600 to 597.690
597.600
Definitions.
As
used in NRS 597.600 to 597.680, inclusive,
unless the context otherwise requires:
1.
"Buyer" means:
(a)
A person who purchases or contracts to
purchase, other than for purposes of resale,
a motor vehicle normally used for personal,
family or household purposes.
(b)
Any person to whom the motor vehicle is
transferred during the time a manufacturer's
express warranty applicable to the motor
vehicle is in effect.
(c)
Any other person entitled by the terms of the
warranty to enforce its obligations.
2.
Except as otherwise provided in this
subsection "motor vehicle" has the
meaning ascribed to it in NRS 482.075. The
term does not include motor homes or off-road
vehicles except for the purposes of NRS
597.680.
597.610
Report of defect in motor vehicle; duty of
manufacturer.
If
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.
Before 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,
its agent 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 the time described in subsection 2.
597.620
Submission of claim.
To
manufacturer for replacement or refund
according to designated procedure.
If
the manufacturer has established or
designated a procedure for settling disputes
informally which substantially complies with
the provisions of Title 16 of the Code of
Federal Regulations, Part 703, a buyer must
first submit his claim for replacement of the
motor vehicle or for refund of the purchase
price under that procedure before bringing
any action under NRS 597.630.
597.630
Duties of manufacturer
If
motor vehicle cannot be conformed to express
warranties.
1.
If, after a reasonable number of attempts,
the manufacturer, or its agent or authorized
dealer is unable to conform the motor vehicle
to any applicable express warranty by repair
or correction and the defect or condition
causing the nonconformity substantially
impairs the use and value of the motor
vehicle to the buyer and is not the result of
abuse, neglect or unauthorized modifications
or alterations of the motor vehicle, the
manufacturer shall:
(a)
Replace the motor vehicle with a comparable
motor vehicle of the same model and having
the same features as the replaced vehicle, or
if such a vehicle cannot be delivered to the
buyer within a reasonable time, then a
comparable motor vehicle substantially
similar to the replaced vehicle; or
(b)
Accept return of the motor vehicle from the
buyer and refund to him the full purchase
price including all sales taxes, license
fees, registration fees and other similar
governmental charges, less a reasonable
allowance for his use of the vehicle. A
reasonable allowance for use is that amount
directly attributable to use by the buyer
before his first report of the nonconformity
to the manufacturer, agent or dealer and
during any subsequent period when the vehicle
is not out of service for repairs. Refunds
must be made to the buyer, and lien holder if
any, as their interests may appear.
2.
It is presumed that a reasonable number of
attempts have been undertaken to conform a
motor vehicle to the applicable express
warranties where:
(a)
The same nonconformity has been subject to
repair four or more times by the
manufacturer, or its agent or authorized
dealer within the time the express warranty
is in effect or within 1 year following the
date the motor vehicle is delivered to the
original buyer, whichever occurs earlier, but
the nonconformity continues to exist; or
(b)
The motor vehicle is out of service for
repairs for a cumulative total of 30 or more
calendar days within the time the express
warranty is in effect or within 1 year
following the date the motor vehicle is
delivered to the original buyer, whichever
occurs earlier, except that if the necessary
repairs cannot be made for reasons which are
beyond the control of the manufacturer or its
agent or authorized dealer, the number of
days required to give rise to the presumption
must be appropriately extended.
597.640
Tolling of period for express warranties.
For
the purposes of NRS 597.600 to 597.670,
inclusive, the running of the time an express
warranty is in effect or of any other period
of time described in those sections is tolled
for the time during which services to repair
the motor vehicle are not reasonably
available to the buyer because of a war,
invasion or strike, or because of a fire,
flood or other natural disaster.
597.650
Commencement of action by buyer.
Any
action brought pursuant to NRS 597.600 to
597.630, inclusive, must be commenced within
18 months after the date of the original
delivery of the motor vehicle to the buyer.
597.660
Waiver of rights by buyer prohibited.
Any
provision in any agreement between the
manufacturer or its agent or authorized
dealer and the buyer which provides that the
buyer agrees to waive or forego any rights or
remedies afforded by NRS 597.600 to 597.630,
inclusive, is void.
597.670
Effect of other rights and remedies of buyer.
The
provisions of NRS 597.600 to 597.630,
inclusive, do not limit any other right or
remedy which the buyer may have by law or by
agreement.
597.675
Notification of manufacturer regarding change
in residential address.
Any
person entitled by the terms of a
manufacturer's express warranty to enforce
its obligations is responsible for notifying
the manufacturer of any change in his
residential address.
597.680
Reimbursement by manufacturer for cost of
repairs to conform vehicle to express
warranties.
The
manufacturer shall reimburse its agent or
authorized dealer for the cost of repairs
made to a motor vehicle to conform it to the
manufacturer's express warranties. The
reimbursement must be paid at the rate
usually billed by the agent or dealer to the
general public for similar repairs.
597.690
Manufacturer required to remedy defects in
vehicle related to safety without charge.
1.
Every manufacturer of a vehicle who furnishes
notification to the registered owner of the
vehicle of any defect in the vehicle related
to vehicle safety shall, notwithstanding the
limitations of any warranty relating to such
vehicle, correct such defect at the
manufacturer's expense and without charge to
the registered owner of the vehicle if the
vehicle is returned to any vehicle dealer
franchised by the manufacturer to market the
vehicle, or, at the election of the
manufacturer, reimburse the registered owner
for the actual cost of making such
correction.
2.
This section does not require a vehicle
dealer to make the required correction if the
manufacturer has failed to make available to
the dealer the parts needed to make the
correction.
source:
Center for Auto Safety http://www.autosafety.org/
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