- 13
- Oct
The North Carolina lemon law was created to protect consumers who purchase defective vehicles. Due to the fact that manufacturers often denied any problems with the vehicles, consumers were left to do battle with multi-million dollar companies. The North Carolina Legislature created the lemon law, which gives a private remedy against motor vehicle manufacturers for motor vehicles failing to conform to express warranty.
The North Carolina Lemon Law covers vehicles that were sold or leased in North Carolina. It covers new motor vehicles, which are defined as a vehicle that has never been sold before or is sold as a new car by a dealer or manufacturer. The lemon law specifically covers new passenger cars, pick-up trucks, motorcycles and most vans bought in North Carolina.
The North Carolina Lemon Law, also known as the New Motor Vehicles Warranties Act requires manufacturers to 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. Under the Lemon law, it is presumed that a reasonable number of attempts have been undertaken and the motor vehicle is a lemon and cannot conform to the applicable express warranties 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 purchaser did not have use of the automobile while repairs were attempted or while the automobile was awaiting a repair attempt. The impairment of use of the automobile must be for twenty or more days in the warranty period. There is a catch though, to get the presumption the purchaser send correspondence to the manufacturer putting it on notice of the concerns 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.
In North Carolina, the lemon law states that the refund to the purchaser shall be reduced by a mileage offset. The mileage offset is the use by the purchaser prior to the first repair visit. The mileage offset is a simple mathematical calculation contained in the lemon law statute. Simply put, take the miles before the first repair visit and divide that number by one hundred thousand and then multiply that percentage by the original price and that number will give you the dollar amount of the mileage offset.
Time is of the essence in a lemon law case. The longer you wait to do something the worse your case may get. Therefore, if you think your car is a lemon under the North Carolina lemon law, you must find a lemon law attorney right away. The lemon law is a great tool for purchasers of lemons, but it also contains landmines that can hurt your case if you do not follow the law to a t. Dont fret, the best part of the lemon law is the part that makes the manufacturer pay the attorney fees for your attorney if your car is a lemon.
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