Lemon Law Complaint - Nevada

NEVADA MOTOR VEHICLE EXPRESS-WARRANTY COMPLAINT

1. CAPTION

DISTRICT COURT OF THE STATE OF NEVADA

IN AND FOR [COUNTY] COUNTY

Case No. [________________]

Dept. No. [________________]

COMPLAINT

Plaintiff alleges:

2. PARTIES, VENUE, AND VEHICLE

1. Plaintiff [NAME] resides at [ADDRESS] in [COUNTY] County, Nevada.

2. Plaintiff is a “buyer” under NRS 597.600(1) because Plaintiff is the [NON-RESALE PURCHASER OR CONTRACTING PURCHASER / QUALIFYING WARRANTY-PERIOD TRANSFEREE / OTHER PERSON ENTITLED BY THE WARRANTY TO ENFORCE ITS OBLIGATIONS].

3. Defendant [NAME] is the manufacturer of the Vehicle and may be served through [REGISTERED AGENT AND ADDRESS].

4. On [DATE], Plaintiff [PURCHASED / CONTRACTED TO PURCHASE / RECEIVED AS A QUALIFYING TRANSFEREE] a [YEAR / MAKE / MODEL], VIN [VIN] (the “Vehicle”).

5. The Vehicle is normally used for personal, family, or household purposes and is not a motor home or off-road vehicle excluded by NRS 597.600(2).

6. The transaction, title, registration, and lien documents are attached as Exhibit A. Defendant's express warranty is attached as Exhibit B.

7. Venue is proper in this county because [STATE THE CURRENT FACTUAL AND LEGAL BASIS FOR VENUE].

3. TIMELY REPORT AND REPAIR DUTY

8. The date of original delivery was [DATE].

9. The applicable express warranty expired or will expire on [DATE]. The first anniversary of original delivery was or will be [DATE]. The earlier date is [DATE].

10. Before that earlier date, on [DATE], Plaintiff reported the following failure to conform to the express warranty to [DEFENDANT / DEFENDANT'S AGENT / AUTHORIZED DEALER]: [DESCRIBE THE DEFECT OR CONDITION PRECISELY].

11. NRS 597.610 required Defendant, its agent, or its authorized dealer to make the repairs necessary to conform the Vehicle to the express warranty.

12. The nonconformity substantially impairs both the Vehicle's use and its value as follows:

• Use: [DETAILS]
• Value: [DETAILS]

13. The nonconformity did not result from Plaintiff's abuse, neglect, or unauthorized modification or alteration of the Vehicle.

4. REPAIR HISTORY AND CONTINUING NONCONFORMITY

14. The repair history is:

15. After a reasonable number of attempts, Defendant, its agent, or its authorized dealer was unable to conform the Vehicle to the express warranty.

16. The nonconformity continues to exist as follows: [DETAILS].

17. The repair orders, communications, current-condition evidence, and calendar-day calculation are attached as Exhibit C.

5. REASONABLE-NUMBER PRESUMPTION

18. Select each supported ground under NRS 597.630(2), measured within the earlier of the express-warranty term or one year after original delivery:

• ☐ Four repairs. The same nonconformity was subject to repair four or more times by Defendant, its agent, or its authorized dealer and continues to exist.
• ☐ Thirty calendar days. The Vehicle was out of service by reason of repairs for at least 30 cumulative calendar days.

19. Any extension claimed under NRS 597.640 is limited to time when repair services were unavailable because of war, invasion, strike, fire, flood, or other natural disaster. The applicable extension is [NONE / DETAILS].

20. Plaintiff [RELIES ON THE NRS 597.630(2) PRESUMPTION / PLEADS AN INDEPENDENT FACTUAL SHOWING OF A REASONABLE NUMBER OF ATTEMPTS].

6. INFORMAL DISPUTE-SETTLEMENT PROCEDURE

21. Select and complete the applicable alternative under NRS 597.620:

• ☐ Defendant had established or designated [PROGRAM], a procedure substantially complying with 16 C.F.R. Part 703. Plaintiff first submitted the replacement-or-refund claim to that procedure on [DATE]. The proceeding ended on [DATE] with [RESULT]. The submission and result are attached as Exhibit D.
• ☐ Defendant had no established or designated procedure substantially complying with 16 C.F.R. Part 703. Supporting facts and documents: [DETAILS].

22. Plaintiff has therefore satisfied, or is not subject to, the NRS 597.620 prerequisite to an action under NRS 597.630.

7. STATUTORY REMEDY AND TIMELINESS

23. NRS 597.630(1) requires Defendant either to replace the Vehicle with a comparable motor vehicle of the same model and features, or, if such a vehicle cannot be delivered within a reasonable time, a comparable substantially similar vehicle; or to accept return and pay the statutory refund.

24. The statute does not give Plaintiff the election between those alternatives. Plaintiff requests [REPLACEMENT / REFUND] without limiting Defendant's statutory choice.

25. If Defendant elects a refund, the calculation is:

26. The reasonable allowance is the amount directly attributable to Plaintiff's use before the first report of the nonconformity, plus later periods when the Vehicle was not out of service by reason of repair. NRS 597.630 supplies no fixed mileage divisor. The calculation is [DETAILS].

27. Any refund must be paid to Plaintiff and any lienholder as their interests appear.

28. Plaintiff commenced this action within 18 months after original delivery as required by NRS 597.650. Original delivery occurred on [DATE]; the deadline was [DATE]; this action was filed on [DATE].

8. COUNT I — NRS 597.600 THROUGH 597.670

29. Plaintiff incorporates paragraphs 1 through 28, with unused alternatives deleted.

30. Plaintiff is a covered buyer, Defendant is the manufacturer, and the Vehicle and express warranty are covered by NRS 597.600 through 597.670.

31. Plaintiff timely reported the nonconformity under NRS 597.610.

32. After a reasonable number of attempts, Defendant, its agent, or its authorized dealer was unable to conform the Vehicle to the express warranty, and the nonconformity substantially impairs both use and value.

33. Plaintiff satisfied, or was not subject to, the NRS 597.620 informal-procedure prerequisite.

34. Defendant has not provided either alternative required by NRS 597.630(1).

35. Plaintiff timely filed under NRS 597.650.

9. PRAYER FOR RELIEF

Plaintiff requests judgment:

1. Determining that Defendant failed to comply with NRS 597.600 through 597.670;
2. Ordering the replacement or refund authorized by NRS 597.630(1), according to Defendant's statutory alternative;
3. If Defendant provides a refund, applying only the authorized components and reasonable-use allowance and allocating payment to Plaintiff and any lienholder as their interests appear;
4. Awarding taxable costs and interest only to the extent independently authorized and proved; and
5. Granting any further relief authorized by the pleaded statutes and proved in this action.

10. SIGNATURE BLOCK

Dated: [DATE]

Respectfully submitted,

[ATTORNEY NAME], Nevada Bar No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for Plaintiff

11. EXHIBIT AND FILING CHECKLIST

• ☐ Exhibit A — Purchase, title, registration, vehicle class, and lien documents
• ☐ Exhibit B — Express warranty
• ☐ Exhibit C — Repair orders, communications, current-condition evidence, and calendar-day calculation
• ☐ Exhibit D — Qualifying informal-procedure submission and result, or evidence no qualifying procedure existed
• ☐ Exhibit E — Refund and reasonable-use calculation
• ☐ Confirm the buyer fits NRS 597.600(1); do not assume an ordinary lessee qualifies
• ☐ Confirm the Vehicle is not an excluded motor home or off-road vehicle
• ☐ Confirm current Nevada venue, service, pleading, filing, and jury-demand requirements
• ☐ File before the 18-month deadline in NRS 597.650

12. SOURCES AND REFERENCES

• Nevada Legislature — current NRS Chapter 597