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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.
Under the lemon law, the test to see if a vehicle is a lemon is to determine if the defects affect the use value or safety of the automobile. The legislatures goal was to give the consumer tools to better battle the automobile manufacturers and prevent them from summarily denying claims regarding problem vehicles. One of these tools is a presumption that an automobile is a lemon. To get a presumption that an automobile is a lemon, the purchaser of the automobile must show on of the two following are true:
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.
Once the vehicle is shown to be a lemon, the lemon law provides that the consumer may choose either a replacement or a refund. Specifically, the manufacturer shall replace the vehicle with a comparable new motor vehicle or accept return of the vehicle from the consumer and refund to the consumer.
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.