Understanding the North Carolina Lemon Law

2007-03-08 10:33:40

( Legal )



The North Carolina Lemon Law applies to new and leased vehicles including cars, trucks, vans and motorcycles not exceeding 10,000 lbs in weight, that are found to have any serious defects or damages covered by a written warranty. It excludes home trailers, boats, farm equipment or any repossessed vehicles.

The North Carolina Lemon Law classifies a vehicle as a lemon when it can no longer be fixed after four attempted repairs have been made on the vehicle, the waiting time for the repair of the vehicle has exceeded 20 business days during any twelve-month period, the manufacturer has been notified in writing by registered mail of the defect of the vehicle, that the manufacturer or dealer has been given a reasonable period to comply to the repairs within 15 calendar days after a written notice is given, a serious defect is discovered that would substantially lower the market value of the vehicle and/or that the vehicle cannot be used due to safety hazards.

The North Carolina auto lemon law obligates the manufacturer to provide an express warranty period of at least twelve months or 12,000 miles. The defects for damages in a vehicle must have been discovered within this timeframe in order for one to be able to claim for a refund or replacement of the vehicle. If the given warranty period is more than 24 months or 24,000 miles, you can only demand for a refund or replacement during the first 24 months or 24,000 miles of the warranty period. If the damage or defect is discovered after the 24-month period, and after the minimum of four attempted repairs, the consumer will have to claim for compensation equal to the difference in the market value of the vehicle in its current condition and the value of the vehicle if it was repaired, according to the North Carolina Lemon Law.

You should keep any documents that pertain to your vehicle which would include the sales invoice/contract, warranty, work orders or any repair tickets and any correspondence between you and the vehicle dealer or manufacturer. Repair tickets should show what repairs were made and the length of time your vehicle was kept at the repair shop. These documents are required in the event you decide to file for compensation for your lemon vehicle.

If after a certain reasonable number of attempted repairs, the vehicle still cannot be fixed, the consumer has a right to demand the manufacturer to repurchase the vehicle or refund the purchase price of the vehicle.

If the manufacturer does not comply after a written request has been sent by registered mail, you can then seek arbitration. The consumer has a right to accept or reject the decision of the arbitration program. If the consumer is not happy with the results of the arbitration case, they can seek the assistance of lemon law attorneys to claim for damages and attorneys fees.


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