COMPLAINT

(Nevada “Lemon Law” – NRS 597.600 et seq.)

[// GUIDANCE: This template is intentionally thorough and drafted to be court-ready for filing in any Nevada state district court. Customize all bracketed items, delete inapplicable causes of action, and conform margins/font to local rule (usually NRCP 10).]

I. DOCUMENT HEADER

DISTRICT COURT, [►COUNTY◄] COUNTY, STATE OF NEVADA
———————————
[PLAINTIFF FULL LEGAL NAME],
  Plaintiff,

v.

[DEFENDANT MANUFACTURER LEGAL NAME];
[DEFENDANT DEALERSHIP LEGAL NAME] (if applicable),
  Defendants.
———————————
Case No.: [►To be assigned◄]
Dept. No.: [►To be assigned◄]
———————————
COMPLAINT FOR:
(1) VIOLATION OF NEVADA MOTOR VEHICLE EXPRESS WARRANTY STATUTE (NRS 597.600 et seq.);
(2) BREACH OF EXPRESS WARRANTY (NRS 104.2313);
(3) MAGNUSON-MOSS WARRANTY ACT (15 U.S.C. § 2301 et seq.);
AND RELATED RELIEF
———————————
JURY TRIAL DEMANDED
———————————
Effective Filing Date: [►MM/DD/YYYY◄]
Jurisdiction: State of Nevada – [►County◄] District Court

TABLE OF CONTENTS

1. Definitions
2. Jurisdiction, Venue, and Parties
3. Operative Allegations
4. Representations & Warranties (Rule 11 Certification)
5. Covenants & Compliance with Statutory Procedures
6. Events of Default & Statutory Remedies Triggered
7. Risk Allocation / Statutory Damages Cap
8. Causes of Action
   8.1 Nevada Lemon Law
   8.2 Breach of Express Warranty
   8.3 Magnuson-Moss Warranty Act
9. Dispute Resolution Provisions
10. General Provisions
11. Prayer for Relief
12. Verification and Signature Block

[// GUIDANCE: Use Word processor auto-update for page numbers once finalized.]

II. DEFINITIONS

For purposes of this Complaint, the following terms have the meanings set forth below. Capitalized terms appear throughout for precision and internal consistency.

“Arbitration Program” – The manufacturer’s informal dispute-settlement procedure certified under NRS 597.632, if any.

“Consumer” or “Plaintiff” – [PLAINTIFF FULL LEGAL NAME], an individual domiciled in Nevada who purchased or leased the Motor Vehicle primarily for personal, family, or household purposes.

“Defect” or “Nonconformity” – A condition that substantially impairs the use and value of the Motor Vehicle and is covered by the applicable express warranty. NRS 597.600(1)(b).

“Motor Vehicle” – The [YEAR, MAKE, MODEL, VIN] purchased/leased by Plaintiff on [►Purchase Date◄] for a cash price of $[►Amount◄], exclusive of trade-in, taxes, and fees. NRS 597.600(1)(a).

“Reasonable Number of Repair Attempts” – Four (4) or more repair attempts for the same Defect, or a cumulative total of thirty (30) or more calendar days out-of-service during the warranty period. NRS 597.610(1).

“Vehicle Value” – The full contract price (including all manufacturer-installed options, sales tax, license fees, and finance charges) less the statutory mileage offset, as more fully described in NRS 597.630.

III. OPERATIVE ALLEGATIONS

1. Jurisdiction & Venue
   a. This Court has subject-matter jurisdiction over Nevada statutory claims and supplemental jurisdiction over related federal claims (15 U.S.C. § 2301 et seq.).
   b. Venue is proper in [►County◄] under NRS 13.040 because the Defendants conduct business and the transaction occurred in this county.

2. The Parties
   a. Plaintiff is a “consumer” as defined in NRS 597.600(1)(c).
   b. Defendant [MANUFACTURER] is a foreign corporation authorized to do business in Nevada, with its designated Nevada service agent at [►address◄].
   c. Defendant [DEALERSHIP] is a Nevada domestic corporation that sold the Motor Vehicle to Plaintiff.

3. Purchase & Warranty
   a. On [►Purchase Date◄], Plaintiff purchased the Motor Vehicle from Defendant [DEALERSHIP] for $[►Price◄].
   b. The Motor Vehicle was accompanied by the manufacturer’s written “bumper-to-bumper” limited warranty of [►Term/Miles◄].

4. Nonconformities & Repair History
   a. Beginning on or about [►Date◄], the Motor Vehicle manifested nonconformities including but not limited to:
   i. Engine stalling at highway speeds;
   ii. Electrical system failures causing loss of steering assist; and
   iii. Illuminated “Check Engine” and “Service Power Steering” warnings.
   b. The vehicle was presented for repair on at least [►#◄] separate occasions (repair orders dated [►dates◄]) and remained out of service for a cumulative [►#◄] days.

5. Statutory Notice & Arbitration
   a. On [►Notice Date◄], Plaintiff provided written notice of the Defect and request for refund/replacement via certified mail per NRS 597.610(1).
   b. [If Applicable] Defendant’s certified Arbitration Program rendered a decision on [►Decision Date◄], which Plaintiff timely rejected.
   c. [If no program] Plaintiff is excused from the arbitration prerequisite because Defendant lacks a program in compliance with NRS 597.632.

IV. REPRESENTATIONS & WARRANTIES (Rule 11 Certification)

Counsel certifies under NRCP 11 that, after reasonable inquiry, the factual contentions have evidentiary support and the legal claims are warranted by existing law or non-frivolous arguments for extending or modifying the law.

V. COVENANTS & COMPLIANCE WITH STATUTORY PROCEDURES

1. Plaintiff has satisfied all conditions precedent to filing suit, including:
   a. Delivering the Motor Vehicle for repair opportunities;
   b. Providing written notice; and
   c. Submitting to arbitration where mandated.

2. Plaintiff continues to tender the vehicle for inspection and preservation of evidence upon reasonable notice.

VI. EVENTS OF DEFAULT & STATUTORY REMEDIES TRIGGERED

1. Defendants failed to conform the Motor Vehicle to the express warranty after a Reasonable Number of Repair Attempts.
2. Under NRS 597.610(1)(b), Defendants are obligated to replace the vehicle with a comparable new motor vehicle or refund the Vehicle Value to Plaintiff.
3. Defendants’ refusal constitutes statutory default, triggering Plaintiff’s rights to restitution, incidental damages, and reasonable attorney fees per NRS 597.680(2).

VII. RISK ALLOCATION / STATUTORY DAMAGES CAP

Pursuant to NRS 597.630, any monetary judgment for refund is capped at the Vehicle Value less the mileage offset formula: (Purchase Price × Odometer Miles at First Repair) ÷ 120,000. Plaintiff pleads damages in the alternative and does not seek amounts beyond that statutory cap.

VIII. CAUSES OF ACTION

8.1 FIRST CLAIM – Violation of Nevada Motor Vehicle Express Warranty Statute (NRS 597.600 et seq.)
a. Plaintiff is a “consumer”; Defendants are “manufacturers”/“sellers.”
b. The Motor Vehicle contained a Nonconformity covered by warranty.
c. Defendants failed to remedy the Nonconformity after a Reasonable Number of Repair Attempts.
d. Plaintiff suffered damages within the statutory measure.

8.2 SECOND CLAIM – Breach of Express Warranty (NRS 104.2313)
[Traditional UCC-based elements pleaded.]

8.3 THIRD CLAIM – Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.)
[Jurisdictional amount met; underlying state-law breach pleaded.]

IX. DISPUTE RESOLUTION

1. Governing Law – Nevada law applies.
2. Forum Selection – Nevada state district court; Plaintiff affirmatively disavows any requirement to litigate in an out-of-state forum.
3. Arbitration – Addressed supra; statutory prerequisite satisfied.
4. Jury Demand – Plaintiff demands trial by jury on all triable issues consistent with Nevada Constitution art. 1, § 3.
5. Injunctive Relief – Plaintiff seeks an order compelling Defendants to replace the Motor Vehicle or, in the alternative, refund Vehicle Value.

X. GENERAL PROVISIONS

1. Reservation of Rights – Plaintiff reserves the right to amend this Complaint to add parties, claims, or damages upon discovery.
2. Severability – If any claim is adjudicated invalid, remaining claims survive.
3. Integration – This pleading embodies all claims now known to Plaintiff; no prior demand or correspondence limits the relief sought.
4. Electronic Signatures – Accepted under NRS 719.240.

XI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

A. Replacement of the Motor Vehicle with a new, comparable vehicle OR refund of the Vehicle Value less the statutory mileage offset;
B. Reimbursement of all collateral charges, including sales tax, license and registration fees, finance charges, and extended-warranty costs;
C. Incidental and consequential damages allowed by law;
D. Reasonable attorney fees and costs pursuant to NRS 597.680(2) and 15 U.S.C. § 2310(d)(2);
E. Pre- and post-judgment interest at the statutory rate;
F. Such other and further relief as the Court deems just and proper.

XII. VERIFICATION AND SIGNATURE BLOCK

DATED: [►MM/DD/YYYY◄]

Respectfully submitted,

____________________________________
[ATTORNEY NAME], ESQ.
Nevada Bar No. [►#◄]
[LAW FIRM NAME]
[Address] | [Phone] | [Email]
Attorney for Plaintiff

VERIFICATION
STATE OF NEVADA )
COUNTY OF [►◄] ) ss.

I, [PLAINTIFF NAME], declare under penalty of perjury that I have read the foregoing Complaint and know the contents thereof; that the same is true of my own knowledge except as to those matters stated on information and belief, and as to such matters I believe them to be true.

Executed on [►Date◄] at [►City, NV◄].

____________________________________
[PLAINTIFF NAME], Plaintiff
[// GUIDANCE: Some Nevada districts require a separate NRCP 16.1 initial disclosure certificate at filing—add if local practice demands.]