used in sections 60-2701 to 60-2709, unless the context
Consumer shall mean the purchaser, other than for purposes of
resale, of a motor vehicle normally used for personal, family,
household, or business purposes, any person to whom such motor
vehicle is transferred for the same purposes during the duration
of an express warranty applicable to such motor vehicle, and any
other person entitled by the terms of such warranty to enforce
the obligations of the warranty;
Motor vehicle shall mean a new motor vehicle as defined in
section 60-1401.02 which is sold in this state, excluding
self-propelled mobile homes as defined in section 60-301; and
Manufacturer's express warranty shall mean the written warranty,
so labeled, of the manufacturer of a new motor vehicle.
Motor vehicle not conforming to express warranties.
a motor vehicle does not conform to all applicable express
warranties, and the consumer reports the nonconformity to the
manufacturer, its agent, or its authorized dealer during the
term of such express warranties or during the period of one year
following the date of original delivery of the motor vehicle to
a consumer, whichever is the earlier date, the manufacturer, its
agent, or its authorized dealer shall make such repairs as are
necessary to conform the vehicle to such express warranties,
notwithstanding the fact that such repairs are made after the
expiration of such term or such one-year period.
Manufacturer's duty to replace vehicle or refund price.
the manufacturer, its agents, or authorized dealers are unable
to conform the motor vehicle to any applicable express warranty
by repairing or correcting any defect or condition which
substantially impairs the use and market value of the motor
vehicle to the consumer after a reasonable number of attempts,
the manufacturer shall replace the motor vehicle with a
comparable motor vehicle or accept return of the vehicle from
the consumer and refund to the consumer the full purchase price
including all sales taxes, license fees, and registration fees
and any similar governmental charges, less a reasonable
allowance for the consumer's use of the vehicle. Refunds shall
be made to the consumer and lien holder, if any, as their
interests may appear. A reasonable allowance for use shall be
that amount directly attributable to use by the consumer and any
previous owner prior to his or her first report of the
nonconformity to the manufacturer, agent, or dealer and during
any subsequent period when the vehicle is not out of service by
reason of repair. It shall be an affirmative defense to any
claim under sections 60-2701 to 60-2709
that an alleged nonconformity does not substantially impair such
use and market value or
that a nonconformity is the result of abuse, neglect, or
unauthorized modifications or alterations of a motor vehicle by
Attempts to conform motor vehicle to warranties.
shall be presumed that a reasonable number of attempts have been
undertaken to conform a motor vehicle to the applicable express
the same nonconformity has been subject to repair four or more
times by the manufacturer, its agents, or authorized dealers
within the express warranty term or during the period of one
year following the date of original delivery of the motor
vehicle to a consumer, whichever is the earlier date, but such
nonconformity continues to exist or
the vehicle is out of service by reason of repair for a
cumulative total of forty or more days during such term or
during such period, whichever is the earlier date. The term of
an express warranty, such one-year period, and such forty-day
period shall be extended by any period of time during which
repair services are not available to the consumer because of a
war, invasion, or strike, or fire, flood, or other natural
disaster. In no event shall the presumption provided in this
section 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
Dispute settlement procedure.
Director of Motor Vehicles shall adopt standards for an informal
dispute settlement procedure which substantially comply with the
provisions of 16 C.F.R. part 703, in existence as of February
22, 1983. If a manufacturer has established or participates in a
dispute settlement procedure certified by the Director of Motor
Vehicles within the guidelines of such standards, the provisions
of section 60-2703 concerning refunds or replacement shall not
apply to any consumer who has not first resorted to such a
Statute of limitations.
action brought under sections 60-2701 to 60-2709 shall be
commenced within (1) one year following the expiration of the
express warranty term or (2) two years following the date of
original delivery of the motor vehicle to a consumer, whichever
is the earlier date.
Attorney's fees; when allowed.
any action brought under sections 60-2701 to 60-2709 the court
shall award reasonable attorney's fees to the prevailing party
if the prevailing party is the consumer.
Sections, how construed.
in sections 60-2701 to 60-2709 shall in any way limit the rights
or remedies which are otherwise available to a consumer under
any other law.
Applicability of sections.
60-2701 to 60-2709 shall apply to motor vehicles beginning with
the manufacturer's 1984 model year.