Basic Features of North Carolina Lemon Law

2007-03-08 10:33:40

( Legal )



A "lemon" is a vehicle which has defects that are beyond normal repair, regardless of its age. While lemon laws vary by state, they all have a common goal to protect the car buyer. It is also a mass lemon law condition that if a dealer or manufacturer fails to fix the defects of a vehicle after a reasonable number of attempts, you as the car owner have the right to demand a replacement vehicle or a monetary refund.

Conditions under North Carolina Lemon Law

Compared to California or NJ lemon law, North Carolina lemon law sets the standard repair deadline at 12 months or 12,000 miles, whichever comes first. In other words, the repairs that your vehicle undergoes has to exceed 20 cumulative business days or 4 times within the period before you have the right to demand refund or replacement of the vehicle from the manufacturer.

But unlike some other states, North Carolina lemon law sets an upper limit to the vehicle's weight, at a maximum of 10,000 pounds. Any vehicle that weighs over this limit is protected under the Federal Magnusson-Moss Warranty Act and other applicable consumer laws. The lemon law applies not just to cars but also pick-ups, trucks, motorcycles, vans and motor homes.

You have up to 24 months from the vehicle delivery date to report and take a lemon case to court. You must be able to prove that the defect or condition of the car has impaired its ability to function effectively on the road. You need to take note of each repair incident, and keep documentation such as job order estimates and receipts.

If you win your case, the manufacturer has to reimburse you not just for the cost of the vehicle net of its mileage, but also for other costs such as licenses, taxes, fees and financial charges on your vehicle.

Under North Carolina lemon law, it is the manufacturer and not the dealer who is responsible for reimbursing you, as long as the dealer has sold you the vehicle with the knowledge that it is in good condition.


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