A. In this
article, unless the context otherwise requires:
"Consumer" means the purchaser, other than for
purposes of resale, of a motor vehicle, any person to whom the
motor vehicle is transferred during the duration of an express
warranty applicable to the motor vehicle or any other person
entitled by the terms of the warranty to enforce the obligations
of the warranty.
"Motor vehicle" means a self-propelled vehicle
designated primarily for the transportation of persons or
property over the public highways.
B. If the
motor vehicle is a motor home, the provisions of this article
shall apply to the self-propelled vehicle and chassis but does
not include those portions of the vehicle designed, used or
maintained primarily as a mobile dwelling, office or commercial
provisions of this article do not apply to a motor vehicle with
a declared gross weight over ten thousand pounds.
44-1262 . New
motor vehicle; repair during express warranty or 2 years or 24
A. If a
new motor vehicle does not conform to all applicable express
consumer shall report the nonconformity to the manufacturer, its
agent or its authorized dealer or issuer of a warranty during
the shorter of the following:
term of the express warranty.
period of two years or twenty-four thousand miles following the
date of original delivery of the motor vehicle to the consumer,
whichever is earlier.
manufacturer, its agent or its authorized dealer or the issuer
of a warranty shall make those repairs that are necessary to
conform the motor vehicle to such express warranties, even if
the repairs are made after the expiration of the term or two
year period or twenty-four thousand mile limit.
section does not limit in any way the remedies available to a
consumer under a new motor vehicle warranty that extends beyond
the limits prescribed in this section.
Inability to conform motor vehicle to express warranty;
replacement of vehicle or refund of monies; affirmative
A. If the
manufacturer, its agents or its 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 value of the motor vehicle to
the consumer after a reasonable number of attempts, the
manufacturer shall replace the motor vehicle with a new motor
vehicle or accept return of the motor vehicle from the consumer
and refund to the consumer the full purchase price, including
all collateral charges, less a reasonable allowance for the
consumer's use of the vehicle. The manufacturer shall make
refunds to the consumer and lien holder, if any, as their
interests appear. A reasonable allowance for use is that amount
directly attributable to use by the consumer before his first
written 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.
B. It is
an affirmative defense to any claim under this article that
alleged nonconformity does not substantially impair the use and
market value of the motor vehicle.
nonconformity is the result of abuse, neglect or unauthorized
modifications or alterations of the motor vehicle.
Reasonable number of attempts to conform motor vehicle to
express warranty; presumption.
A. It is
presumed that a reasonable number of attempts have been
undertaken to conform a motor vehicle to the applicable express
warranties if either:
same nonconformity has been subject to repair four or more times
by the manufacturer or its agents or authorized dealers during
the shorter of the express warranty term or the period of two
years or twenty-four thousand miles following the date of
original delivery of the motor vehicle to the consumer,
whichever is earlier, but the nonconformity continues to exist.
motor vehicle is out of service by reason of repair for a
cumulative total of thirty or more calendar days during the
shorter of the express warranty term or the two year period or
twenty-four thousand miles, whichever is earlier.
term of an express warranty, the two year period and the thirty
day period are extended by any period of time during which
repair services are not available to the consumer because of any
war, invasion, strike, fire, flood or other natural disaster.
presumption prescribed in this section does not apply against a
manufacturer unless the manufacturer has received prior direct
written notification from or on behalf of the consumer of the
alleged defect and has had an opportunity to cure the alleged
44-1265 . Non-limitation
of rights; refund or replacement not required if certain
procedures not followed; attorney fees.
A. If a
manufacturer has established or participates in an informal
dispute settlement procedure which complies in all respects with
16 code of federal regulations part 703, section 44-1263
relating to refunds or replacement does not apply to any
consumer who has not first resorted to such a procedure.
consumer shall begin an action under this article within six
months following the earlier of expiration of the express
warranty term or two years or twenty-four thousand miles
following the date of original delivery of the motor vehicle to
the consumer, whichever is earlier. If a consumer prevails in an
action under this article, the court shall award the consumer
reasonable costs and attorney fees.
Notice to dealers and prospective purchasers
manufacturer who has been ordered by judgment or decree to
replace or repurchase a motor vehicle pursuant to this article
or the repair or replace laws of another state shall, before
offering the motor vehicle for resale, attach to the motor
vehicle written notification indicating the motor vehicle has
been replaced or repurchased. A consumer has a cause of action
against any person who removes the written notification from the
motor vehicle, except as provided in subsection B of this
B. A motor
vehicle dealer, broker, wholesale motor vehicle dealer or
wholesale motor vehicle auction dealer as defined in section
28-4301 who offers for sale a motor vehicle that has been
replaced or repurchased pursuant to this article or the repair
or replace laws of another state shall provide the purchaser
with the manufacturer's written notification indicating that the
motor vehicle has been replaced or repurchased before completion
of the sale.
shall constitute an affirmative defense in an action brought
pursuant to subsection A of this section against a motor vehicle
dealer or an agent of a motor vehicle dealer that the
notification described in subsection A of this section was
removed by someone other than the dealer or agent without the
knowledge of the dealer or agent.