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Nevada State 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. |