Last verified: February 2026
Key Points
- Primary Law: Nebraska Revised Statutes §§ 60-2701 to 60-2709
- Coverage: New motor vehicles used for personal, family, household, or business purposes
- Presumption: 4+ repair attempts OR 40+ days out of service within warranty or 1 year
- Remedies: Replacement or refund at manufacturer’s choice
- Unique Feature: 40-day out-of-service threshold (higher than most states)
- Written Notice Required: Certified mail to manufacturer before presumption applies
Quick Penalties Overview
| Violation Type | Consumer Remedy | Additional Damages |
|---|---|---|
| Failure to repair after reasonable attempts | Replacement or refund | Sales tax, license fees, registration fees |
| Failure to use certified dispute settlement | Consumer may proceed directly | Full statutory remedies available |
| Warranty violation | Court action available | Additional UCC remedies |
Table of Contents
Table of Contents (click to expand)
Nebraska’s Lemon Law Statute
Nebraska’s lemon law is codified in Nebraska Revised Statutes §§ 60-2701 to 60-2709. Originally enacted in 1983 and amended multiple times since, the law provides protection for consumers who purchase defective new motor vehicles.
Nebraska’s lemon law requires manufacturers to replace or refund new motor vehicles that cannot be brought into conformity with express warranties after a reasonable number of repair attempts. The law establishes clear presumptions and requires written notice to the manufacturer before the presumption can apply.
One unique feature of Nebraska’s law is the 40-day out-of-service threshold, which is higher than the 30-day standard used in most states. The law also covers vehicles used for business purposes in addition to personal use, providing broader coverage than some neighboring states.
What Vehicles Are Covered
Under Neb. Rev. Stat. § 60-2701, Nebraska’s lemon law defines covered vehicles and consumers.
Covered Vehicle Types
- New motor vehicles: As defined in § 60-1401.30
- Vehicles sold in Nebraska: Must be sold within the state
- Vehicles for personal use: Family and household purposes
- Vehicles for business use: Also covered under Nebraska law
Vehicles Not Covered
- Recreational vehicles as defined in § 60-347
- Used motor vehicles
- Vehicles without manufacturer’s express warranty
Who Is a Consumer?
The definition of “consumer” includes:
- The purchaser of a new motor vehicle (other than for resale)
- Any person to whom the vehicle is transferred during the warranty period
- Any other person entitled by warranty terms to enforce the warranty
Nebraska’s Lemon Law Presumption
Under Neb. Rev. Stat. § 60-2704, Nebraska law creates a presumption that a reasonable number of repair attempts have been made when certain conditions are met.
The Lemon Law Presumption Applies When:
| Condition | Requirement | Details |
|---|---|---|
| Repair Attempts (Same Problem) | 4 or more attempts | Same nonconformity continues to exist |
| Days Out of Service | 40 or more days | Cumulative total during coverage period |
| Timeframe | Within warranty or 1 year | Whichever is earlier from original delivery |
| Written Notice | Required before presumption applies | Certified mail directly to manufacturer |
Critical Notice Requirement: The presumption does not apply against a manufacturer unless the manufacturer has received prior written direct notification by certified mail from or on behalf of the consumer and an opportunity to cure the defect alleged. This is a mandatory prerequisite.
Extension of Time: The warranty term, one-year period, and 40-day period are extended during any period when repair services are unavailable due to war, invasion, strike, fire, flood, or other natural disaster.
What Qualifies as a Substantial Nonconformity?
The defect or condition must “substantially impair the use and market value” of the vehicle. Examples include:
- Engine or transmission problems affecting drivability
- Brake system failures
- Steering defects
- Electrical system malfunctions
- Chronic starting or stalling issues
- Significant safety system failures
Consumer Remedies: Replacement vs. Refund
Under Neb. Rev. Stat. § 60-2703, Nebraska’s lemon law provides specific remedies when a vehicle cannot be conformed to warranty.
Manufacturer’s Duty
If the manufacturer, its agents, or authorized dealers are unable to conform the vehicle to any applicable express warranty after a reasonable number of attempts, the manufacturer shall:
Option 1: Replace the Vehicle
- Provide a comparable motor vehicle
Option 2: Accept Return and Refund
- Full purchase price: The total amount paid
- Sales taxes: All sales taxes paid
- License fees: All license fees paid
- Registration fees: All registration fees paid
- Similar governmental charges: Any other governmental fees
- Less usage deduction: Reasonable allowance for consumer’s use
Usage Deduction: A reasonable allowance for use is calculated as the amount directly attributable to use by the consumer and any previous owner:
- Before the first report of the nonconformity
- During any subsequent period when the vehicle is NOT out of service for repair
Refund Distribution: Refunds are made to the consumer and lienholder, if any, as their interests may appear.
How to File a Lemon Law Claim in Nebraska
Filing a successful lemon law claim in Nebraska requires following specific procedures.
Step 1: Document Everything
- Keep all repair orders and invoices
- Record dates your vehicle was in the shop
- Count total days out of service carefully
- Save all correspondence with dealer and manufacturer
Step 2: Send Written Notice by Certified Mail
This is a critical requirement. Send written notification directly to the manufacturer by certified mail:
- Must be sent before the presumption can apply
- Include vehicle information (VIN, make, model)
- Describe the nonconformity
- Provide repair history
- Allow opportunity to cure the defect
Step 3: Use Certified Dispute Settlement (If Available)
Under Neb. Rev. Stat. § 60-2705, if the manufacturer has a dispute settlement procedure certified by the Director of Motor Vehicles (complying with 16 CFR Part 703), you must use it before the refund/replacement provisions apply. The Director adopts standards for these procedures.
Step 4: Allow Final Repair Opportunity
After providing notice, give the manufacturer an opportunity to cure the defect.
Step 5: Pursue Remedy
If the manufacturer fails to resolve your claim after proper notice and opportunity to repair, pursue replacement or refund through the dispute resolution process or legal action.
Manufacturer Defenses
Under Neb. Rev. Stat. § 60-2703, manufacturers may raise certain affirmative defenses.
Recognized Defenses
| Defense | Description | Consumer’s Response |
|---|---|---|
| No substantial impairment | Nonconformity does not substantially impair use and market value | Document how defect affects vehicle |
| Abuse or neglect | Problem caused by consumer misuse | Provide maintenance records |
| Unauthorized modifications | Aftermarket alterations caused defect | Show problem existed before modifications |
| No certified mail notice | Consumer did not send required notice | Keep certified mail receipts |
Used Vehicle Protections
Nebraska’s lemon law applies only to new motor vehicles. However, limited protections may exist:
Used Vehicles With Potential Coverage
- Transferred warranty rights: Persons who receive vehicles during the warranty period
- Remaining warranty coverage: If still within warranty period
Other Remedies for Used Vehicles
- Nebraska Consumer Protection Act claims
- UCC warranty claims (as noted in case law, theories may be combined)
- Federal Magnuson-Moss Warranty Act claims
Important Case Law
Nebraska courts have held that a precise or specific defect does not need to be proved to find a product defective under either the UCC or the lemon law (Genetti v. Caterpillar, Inc., 261 Neb. 98). Consumers may bring recovery theories together but must elect between them if verdicts are received under both.
Frequently Asked Questions
How many repair attempts does Nebraska require?
Nebraska’s lemon law presumption applies after four or more repair attempts for the same nonconformity, or after the vehicle is out of service for 40 or more days. These conditions must occur within the warranty period or one year from delivery, whichever is earlier.
Why is Nebraska’s out-of-service requirement 40 days instead of 30?
Nebraska set a 40-day threshold, which is higher than the 30-day standard used in most states. This means consumers need to document more out-of-service time before the presumption applies.
Must I send written notice by certified mail?
Yes. Nebraska law explicitly requires “prior written direct notification by certified mail” to the manufacturer before the presumption can apply. This is a mandatory prerequisite that cannot be skipped.
Do I have to use manufacturer arbitration?
Yes, if the manufacturer has a dispute settlement procedure certified by the Director of Motor Vehicles that complies with federal regulations. If no certified procedure exists, you may proceed directly to other remedies.
Can I pursue lemon law claims and UCC claims together?
Yes. Nebraska courts have held that theories of recovery under both the lemon law and breach of warranty under the UCC may be submitted together. However, if you receive verdicts under both, you must elect between them.
Are recreational vehicles covered?
No. Nebraska’s lemon law specifically excludes recreational vehicles as defined in § 60-347.
Resources and Legal Help
Official Resources
- Nebraska Lemon Law Statutes (§§ 60-2701 to 60-2709)
- Nebraska Attorney General: Consumer Protection
- Nebraska Department of Motor Vehicles