Lemon Law Demand Letter — Nevada

NEVADA MOTOR VEHICLE EXPRESS-WARRANTY DEMAND

SENT BY TRACKED DELIVERY — RETAIN PROOF OF RECEIPT

Date: [__/__/____]

To Manufacturer:

[MANUFACTURER'S FULL LEGAL NAME]

Attn: Warranty Claims / Customer Relations

[ADDRESS]

Copy to Authorized Dealer:

[DEALER NAME]

Attn: General Manager / Service Manager

[ADDRESS]

Re: Nevada motor vehicle express-warranty claim — NRS 597.600 through 597.670

Buyer: [NAME]

Vehicle: [YEAR / MAKE / MODEL]

VIN: [VIN]

Original delivery: [DATE]

Current odometer: [MILES]

Dear Sir or Madam:

I represent [BUYER] concerning the Vehicle identified above. This letter documents the timely report and repair history and demands the replacement or refund required by NRS 597.630 if the manufacturer cannot conform the Vehicle to its express warranty after a reasonable number of attempts.

1. BUYER AND COVERED VEHICLE

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

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).

2. TIMELY REPORT AND EXPRESS WARRANTY

The applicable express-warranty term ended or will end on [DATE]. The first anniversary of original delivery was or will be [DATE]. The earlier date is [DATE].

The Buyer first reported the nonconformity to [MANUFACTURER / AGENT / AUTHORIZED DEALER] on [DATE], before that earlier date. NRS 597.610 therefore required the manufacturer, its agent, or its authorized dealer to make the repairs necessary to conform the Vehicle to the express warranty.

This tracked letter preserves evidence of delivery; NRS 597.610 does not require certified mail or prescribe a particular mailing method.

3. NONCONFORMITY AND SUBSTANTIAL IMPAIRMENT

The uncorrected nonconformity is:

[DESCRIBE THE DEFECT OR CONDITION PRECISELY]

It substantially impairs both:

• Use: [DETAILS]
• Value: [DETAILS]

The nonconformity did not result from abuse, neglect, or unauthorized modification or alteration by the Buyer.

4. REPAIR HISTORY

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

5. REASONABLE-NUMBER PRESUMPTION

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 the manufacturer, 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.
• ☐ Independent showing. Even if a presumption is disputed, the attached evidence shows a reasonable number of unsuccessful attempts: [DETAILS].

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

6. QUALIFYING INFORMAL PROCEDURE

Under NRS 597.620, a buyer must first submit a replacement-or-refund claim to a manufacturer procedure before bringing an action under NRS 597.630 only if the manufacturer has established or designated a procedure that substantially complies with 16 C.F.R. Part 703.

Select the applicable status:

• ☐ No such qualifying manufacturer procedure has been identified. Please identify any procedure the manufacturer contends applies and provide its current rules.
• ☐ The manufacturer identified [PROGRAM]. The Buyer submitted the claim on [DATE]; the proceeding ended on [DATE] with [RESULT].
• ☐ The Buyer is submitting the claim to [PROGRAM] concurrently with this demand.

7. DEMAND FOR STATUTORY REMEDY

After a reasonable number of attempts, the manufacturer, its agent, or its authorized dealer has been unable to conform the Vehicle to the express warranty. The continuing nonconformity substantially impairs both use and value.

NRS 597.630(1) requires the manufacturer to provide one of these alternatives:

1. Replace the Vehicle with a comparable motor vehicle of the same model and features or, if one cannot be delivered within a reasonable time, a comparable substantially similar vehicle; or
2. Accept return and refund the full purchase price, including sales taxes, license fees, registration fees, and other similar governmental charges, less a reasonable allowance for use.

The Buyer requests [REPLACEMENT / REFUND] as a preference. The statute does not give the Buyer the election between the two alternatives.

Refund Calculation

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

Any refund must be paid to the Buyer and any lienholder as their interests appear. This state-law calculation does not add finance charges, replacement-vehicle taxes or fees, or incidental or consequential damages.

8. FILING DEADLINE AND RESPONSE

Under NRS 597.650, an action under NRS 597.600 through 597.630 must commence within 18 months after original delivery.

Please respond in writing by [DATE] with:

1. The manufacturer's position on the repair and out-of-service history;
2. The identity and current rules of any qualifying NRS 597.620 procedure; and
3. The manufacturer's proposed comparable replacement or correctly calculated refund.

This demand does not waive any right or remedy preserved by NRS 597.670. Any separate theory must be verified and pleaded on its own authority.

Respectfully submitted,

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

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

9. ENCLOSURE CHECKLIST

• ☐ Purchase, title, registration, vehicle-class, and lien documents
• ☐ Express warranty
• ☐ Repair orders and calendar-day calculation
• ☐ Current-condition and use/value evidence
• ☐ Prior reports and manufacturer communications
• ☐ Refund and reasonable-use calculation
• ☐ Informal-procedure materials, if applicable
• ☐ Proof of delivery for this demand

10. SOURCES AND REFERENCES

• Nevada Legislature — current NRS Chapter 597