North Carolina Lemon Law



The North Carolina lemon law was passed by the legislature to place consumers who purchase problem cars on a level playing field with car manufacturers. Prior to the lemon law, car owners with car problems were left to do battle with the huge corporations. Seeing a problem with the disparity of the parties, the North Carolina Legislature introduced the lemon law, which created the right for a car owner to file a lawsuit against an auto manufacturer. The North Carolina Lemon Law protects purchasers of new automobiles that were bought in North Carolina. The law also applies people leasing automobiles in North Carolina as well. The law is applicable to all types of automobiles and motorcycles purchased in North Carolina. It covers trucks and some vans too. The North Carolina Lemon Law, states that a manufacturer must repair defects that affect the use, value, or safety of a new motor vehicle within the first 24 months or 24,000 miles of ownership. To make it easier for car owners to prove their case, the North Carolina legislature created a presumption that a vehicle is a lemon. The lemon law creates a presumption that a car is a lemon states if: The same defect or nonconformity has been presented for repair to the manufacturer, its agent, or its authorized dealer four or more times but the same nonconformity continues to exist; or The car was unavailable to the consumer during or while awaiting repair of the problem or problems. The total unavailability must be for twenty or more business days during any 12-month period of the warranty. Before a consumer may take advantage of the presumption, the North Carolina Lemon Law requires the consumer to write a letter to manufacturer putting them on notice of the problems with the vehicle. Under the North Carolina lemon law, a purchaser can get relief from a lemon vehicle in two ways. And the legislature has given the purchaser the option of which way they wish to be compensated. The lemon law requires the automobile manufacturer to give the purchaser a replacement auto of the same type or accept return of the purchasers automobile and give the purchaser their money back. The refund to the consumer shall be reduced by a reasonable allowance for the consumer’s use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the consumer prior to his first report of the nonconformity to the manufacturer, its agent, or its authorized dealer, and during any subsequent period when the vehicle is not out of service because of repair. “Reasonable allowance” is presumed to be the cash price or the lease price, as the case may be, of the vehicle multiplied by a fraction having as its denominator 100,000 miles and its numerator the number of miles attributed to the consumer. Although the North Carolina lemon law is fairly straight forward, consumers should hire a lemon law attorney. Under the lemon law, the manufacturer must pay the attorney fees if the vehicle is a lemon. In addition, there are notice requirements and some hidden pitfalls that may trip up a consumer. You should not delay in getting an attorney to help you. About the Author: Looking for a North Carolina Lemon Law attorney follow the link here for help. North Carolina Lemon Law Lawyers