What Is the Lemon Law in Nebraska for Used Cars
Nebraska's lemon law, codified as Nebraska Revised Statutes §§ 60-2701 through 60-2709, provides remedies exclusively for purchasers of new motor vehicles sold within the state. The legislation defines motor vehicles as new vehicles normally used for personal, family, household, or business purposes, excluding recreational vehicles. Used vehicles receive no protection under Nebraska's lemon law.
The state’s lemon law coverage extends only to vehicles purchased as new, less than two years old, and still covered by the manufacturer's express warranty. Vehicles presumptively qualify as lemons when, within twelve months after delivery, consumers report the same defect to the manufacturer or dealer four or more times without successful repair, or when vehicles remain out of service for forty or more business days for warranty repairs. When manufacturers cannot conform vehicles to express warranties after reasonable repair attempts, they must replace the vehicle or refund the full purchase price. Refunds include collateral charges such as sales tax, license fees, and registration costs, reduced by a reasonable allowance for use calculated by multiplying the purchase price by a fraction with the odometer mileage as the numerator and 100,000 as the denominator.
What Protections Do Used Car Buyers Have in Nebraska?
Although Nebraska excludes previously owned vehicles from state lemon law coverage, federal legislation provides consumer safeguards.
Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act establishes federal standards for written warranties on consumer goods. Purchasers may pursue claims when sellers fail to honor express warranties, breach implied warranties linked to written guarantees, or violate service contract obligations, with available remedies including monetary damages, vehicle replacement, full reimbursement, and recovery of legal fees.
FTC Used Car Rule
Federal regulations under the Used Car Rule require dealers to affix a Buyers Guide to each pre-owned vehicle before completing any sale. Required disclosures include the presence or absence of dealer warranty coverage, identification of specific vehicle components and systems protected under warranties, warranty time periods, the dealer's financial responsibility percentage for repairs, and recommendations for independent pre-purchase mechanical evaluations and vehicle history documentation review.
Understanding "As Is" Sales in Nebraska
Nebraska permits dealers to sell used vehicles "as is," meaning the vehicle transfers with no warranty. Dealers selling vehicles "as is" assume absolutely no obligation to make repairs regardless of the vehicle's condition.
What "As Is" Means for Buyers
Purchasing a vehicle "as is" means buyers accept the vehicle in its current condition with all existing defects. Dealers bear no post-sale repair obligations. Buyers assume financial responsibility for all repair costs, including those discovered immediately after purchase. Nebraska law provides no three-day right to cancel vehicle purchases—once buyers sign and pay, the vehicle belongs to them.
Limited Dealer Disclosure Requirements
Under Nebraska UCC § 2-316, all implied warranties are excluded by expressions like "as is," "with all faults," or similar language that calls the buyer's attention to warranty exclusion and makes plain that no implied warranty exists. To exclude or modify the implied warranty of merchantability, written language must mention "merchantability" and appear conspicuously. Disclaimers of implied warranties of fitness must likewise be written and conspicuous.
Limited Exceptions to "As Is" Sales
"As is" provisions do not shield dealers from all liability. Fraud or intentional misrepresentation voids "as is" protections—dealers who knowingly conceal defects or make false statements about vehicle condition face liability despite disclaimer language. Express warranties created through specific dealer promises survive "as is" disclaimers; written or oral representations about particular vehicle characteristics remain enforceable. Buyers who examine vehicles before purchase waive implied warranties regarding defects the examination should have revealed.
Filing a Consumer Complaint
Nebraska Attorney General
Consumer Affairs Response Team
1445 K Street, Room 2115, Lincoln, NE 68508
Phone: (402) 471-2682
Toll-free: (800) 727-6432
Official Website: Consumer Affairs Response Team
