Lemon Law Demand Letter — Nebraska

NEBRASKA MOTOR VEHICLE WARRANTY DEMAND

CERTIFIED-MAIL DIRECT NOTICE UNDER NEB. REV. STAT. § 60-2704

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Date: [DATE]

TO: [MANUFACTURER'S FULL LEGAL NAME]

ATTN: Customer Relations / Legal Department / Lemon Law Administrator

[ADDRESS]

COPY TO: [AUTHORIZED DEALER NAME AND ADDRESS]

Consumer: [________________________________]

Vehicle: [YEAR / MAKE / MODEL / TRIM]

VIN: [________________________________]

Original-delivery date: [DATE]

Current odometer: [________] miles

Same-nonconformity repair attempts: [________]

Days out of service by reason of repair: [________]

Dear Sir or Madam:

This firm represents [CONSUMER] concerning the above Vehicle. This letter gives [MANUFACTURER] the prior written direct notification by certified mail and opportunity to cure required by Neb. Rev. Stat. § 60-2704 before the Consumer relies on its presumption.

The continuing nonconformity is [DESCRIBE PRECISELY]. It substantially impairs both the Vehicle's use and market value. If the Manufacturer remains unable after a reasonable number of attempts to conform the Vehicle to the applicable express warranty, § 60-2703 requires a comparable replacement motor vehicle or acceptance of return and the statutory refund.

1. COVERAGE AND REPORTING PERIOD

The Consumer is the [NON-RESALE PURCHASER / QUALIFYING TRANSFEREE / PERSON ENTITLED TO ENFORCE THE WARRANTY] of a motor vehicle normally used for [PERSONAL / FAMILY / HOUSEHOLD / BUSINESS] purposes. Neb. Rev. Stat. § 60-2701(1). An ordinary lessee is not included in that definition.

The Vehicle is a covered new motor vehicle sold in Nebraska, is not a recreational vehicle, and is model year 1984 or later. §§ 60-2701(2), 60-2709.

The Consumer reported the nonconformity during the earlier of the express-warranty term or one year after original delivery. The Manufacturer, its agent, or its authorized dealer must make the necessary warranty repairs even if the repairs occur later. § 60-2702.

2. NONCONFORMITY AND REPAIR HISTORY

• Condition: [DETAILS]
• Impairment of use: [DETAILS]
• Impairment of market value: [DETAILS]
• Current symptoms: [DETAILS]
• Evidence: [REPAIR ORDERS / PHOTOGRAPHS / RECORDINGS / DIAGNOSTICS / EXPERT MATERIAL]

The nonconformity did not result from abuse, neglect, or unauthorized modification or alteration by the Consumer. § 60-2703.

3. REASONABLE-NUMBER PRESUMPTION

Select each supported route under Neb. Rev. Stat. § 60-2704:

• ☐ Four repairs. During the earlier of the express-warranty term or one year after original delivery, the same nonconformity was subject to repair four or more times by the Manufacturer, its agents, or its authorized dealers and continues to exist.
• ☐ Forty days. During that earlier period, the Vehicle was out of service by reason of repair for at least 40 cumulative days.
• ☐ Reasonable attempts without presumption. The following facts establish a reasonable number of unsuccessful attempts: [DETAILS].

The presumption requires this certified-mail direct notice and an opportunity to cure. Nebraska sets no fixed statutory cure period. Please contact [NAME / PHONE / EMAIL] by [DATE] to arrange a prompt final opportunity; the requested response date is not a statutory deadline.

4. COMPARABLE REPLACEMENT OR REFUND

Section 60-2703 requires the Manufacturer to provide a comparable motor vehicle or accept return and refund the full purchase price, including the listed governmental charges, less the reasonable use allowance. The statute does not expressly assign the choice between those alternatives to the Consumer.

The Act does not add finance charges, dealer fees, incidental damages, consequential damages, or lease payoffs to this refund. The refund must be allocated between the Consumer and any lienholder as their interests appear.

The use allowance is the amount directly attributable to the Consumer's and any previous owner's use before the Consumer's first report and later periods when the Vehicle was not out of service by reason of repair. Section 60-2703 prescribes no fixed mileage divisor or percentage.

5. DIRECTOR-CERTIFIED PROCEDURE

If the Manufacturer established or participates in a dispute settlement procedure certified by the Director of Motor Vehicles under standards substantially complying with 16 C.F.R. Part 703 as it existed January 1, 2026, the Consumer must first resort to it before § 60-2703 applies. Neb. Rev. Stat. § 60-2705.

• ☐ Provide the Director certification, current rules, and filing instructions immediately.
• ☐ No Director-certified procedure applies.
• ☐ The Consumer completed the procedure on [DATE]; the record and result are enclosed.

6. DEADLINE AND FEES

An action must commence by the earlier of one year after express-warranty expiration or two years after original delivery. § 60-2706.

Sending this letter does not extend the filing deadline.

If the Consumer prevails in an action under §§ 60-2701 through 60-2709, the court must award the Consumer reasonable attorney fees. § 60-2707. Section 60-2708 preserves other remedies, but any additional claim requires separate verification and pleading.

7. DEMAND AND PRESERVATION REQUEST

The Consumer demands that the Manufacturer:

1. Confirm receipt of this certified-mail direct notice;
2. Arrange a prompt final opportunity to cure;
3. If unable to conform the Vehicle after a reasonable number of attempts, provide a comparable replacement or accept return and pay the correctly calculated refund;
4. Identify any Director-certified procedure immediately; and
5. Preserve the Vehicle and relevant warranty, repair, technical, communications, and electronically stored records while this dispute is pending.

Please respond by [DATE]. The response date is contractual, not statutory, and does not extend the § 60-2706 deadline.

Respectfully submitted,

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

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for [CONSUMER]

8. ENCLOSURES

• ☐ Purchase, original-delivery, model-year, lien, and vehicle-classification records
• ☐ Labeled manufacturer express warranty
• ☐ Certified-mail direct notice and delivery proof
• ☐ Complete repair orders and day calculation
• ☐ Evidence of continuing nonconformity and impairment of both use and market value
• ☐ Purchase price, governmental charges, use periods, and refund calculation
• ☐ Director-certified procedure materials and record, if any

9. SOURCES AND REFERENCES

• Nebraska Legislature — § 60-2701
• Nebraska Legislature — § 60-2702
• Nebraska Legislature — § 60-2703
• Nebraska Legislature — § 60-2704
• Nebraska Legislature — § 60-2705
• Nebraska Legislature — § 60-2706
• Nebraska Legislature — § 60-2707
• Nebraska Legislature — § 60-2708
• Nebraska Legislature — § 60-2709