How do I Return a New Car in Nevada?

By Patrick Gleeson, Ph. D.,
If your auto dealer fails to tell you that your new car was repaired after damage in shipment, that constitutes fraudulent misrepresentation

keys to the new car image by Jake Hellbach from Fotolia.com

As the Nevada DMV notes on its website, "Nevada does not have a right of rescission or any 'cooling off' period for the buyer". Nevertheless, under certain circumstances a buyer may return a new car purchased in Nevada. A Federal "lemon law" also gives the buyer the right to return a car under specified circumstances. In both cases--purchase involving an invalid contract or purchase of a "lemon"--you have, at a minimum, the right to a full refund.

Return a new car purchased in Nevada for a full refund if the dealer has fraudulently misrepresented the deal. If the dealer has rolled back the odometer, for example, that constitutes fraud. If the dealer states that the car had never been in a serious accident and you discover that it has, you have a good case for fraudulent misrepresentation. Note that although the right to return a vehicle for misrepresentation has no specific time limit, under civil law continued use of any product or service implies satisfaction with the product or agreement with the sales contract, regardless of any alleged deficiencies.

Ask for a cancellation of the sale contract as well if you discover that the dealer has "knowingly falsified [your] application for credit relating to [the sale of the automobile]". Note that in this situation, and in the previous situation involving fraudulent misrepresentation, you have a right under Nevada law (N.R. S. 42001, et seq) not only to both actual damages (the money you paid for the car) and attorney fees, but possibly to punitive damages. Juries have occasionally awarded very large punitive damage awards in cases involving sales misrepresentation by auto dealers. In one notable instance, a jury awarded a buyer $4,000,000 in punitive damages because the dealer had repainted a new car damaged in transit and concealed this from the buyer.

Get a full refund on an automobile with repeated repair problems during the warrantee period. Both the Federal Government and the State of Nevada have laws, usually called "lemon laws," that give you that right. The details of these laws go beyond the scope of this article, but in brief, if you have returned the car at least four times for the same problem, and each time you have notified the dealer in writing that the problem has recurred or persists, you may be eligible for a full refund.

About the Author

I am a retired Registered Investment Advisor with 12 years experience as head of an investment management firm. I also have a Ph.D. in English and have written more than 4,000 articles for regional and national publications.

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