44-1261 . Definitions; exemptions
A. In this article, unless the context otherwise requires:
- 1. "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.
- 2. "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 space.
C. The 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
two years or twenty-four thousand miles
A. If a new motor vehicle does not conform to all applicable express
- 1. A 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:
- (a) The term of the express warranty.
- (b) 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.
- 2. The 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.
B. This 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.
44-1263 . 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 lienholder, 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
- 1. An alleged nonconformity does not substantially impair the use
and market value of the motor vehicle.
- 2. A nonconformity is the result of abuse, neglect or unauthorized
modifications or alterations of the motor vehicle.
44-1264 . 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:
- 1. The 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.
- 2. The 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.
B. The 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.
C. The 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 defect.
44-1265 . Nonlimitation 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.
B. A 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.
44-1266 . Notice to dealers and prospective purchasers
A. A 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 section.
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.
C. It 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.