The law does not cover used vehicles, mopeds, house trailers, or any motor vehicle purchased or leased before October 1, 2005 with a gross vehicle weight of 10,000 pounds or more. The law further does not cover any vehicle purchased or leased after October 1, 2005 weighing more than 10,000 pounds.
North Carolina’s lemon law covers any “nonconformity” of the vehicle. The law defines a nonconformity as any defect or condition that substantially impairs the use and value of the motor vehicle to the consumer. A manufacturer does not have to repair any nonconformity caused by abuse, neglect, odometer tampering, or unauthorized modifications or alterations by the consumer.
The manufacturer must repair any nonconformity if the consumer reports it within the period of the written warranty, or within the “eligibility period.” The law defines the eligibility period as one year following the date of the vehicle’s original delivery to the consumer or during the warranty period, whichever ends sooner.
North Carolina’s lemon law compels manufacturers to replace or repurchase a nonconforming vehicle if they are unable to repair it after a reasonable number of attempts. The law defines “reasonable number of attempts” as four or more repair attempts for the same condition without success. After this, if the nonconformity remains, or if the vehicle is out of service for more than 20 business days, the manufacturer must repurchase or replace the vehicle.
The North Carolina lemon law requires manufacturers, when repurchasing a nonconforming vehicle, to repay the full purchase price. They must also pay all taxes, license, registration fees and similar governmental fees. The manufacturer may withhold a reasonable allowance for use.
The lemon law requires manufacturers replacing a nonconforming vehicle to provide a vehicle of a new model acceptable to the consumer. The allowance for a reasonable amount of use does not apply to a replacement.
If the manufacturer has established or participates in an “informal dispute settlement procedure,” i.e. arbitration, the consumer must resort to it first before pursuing a claim in civil court. The North Carolina lemon law says consumers who do not are ineligible for the law’s provisions regarding repurchase or replacement.
For more information on arbitration and other frequently asked lemon law questions, click here
The manufacturer must abide by the decision of the arbitrator, while the consumer does not. If dissatisfied with the outcome, a consumer can bring action in the civil court system. By filing a claim under the Magnuson-Moss Warranty Act, North Carolina consumers can hire lawyers who will represent them without the vehicle owner having to pay any attorneys’ fees directly out of their pocket.
The Act provides that the vehicle manufacturer shall pay the claimants’ reasonable attorneys’ fees if the claimant prevails against the manufacturer. Lemonlawusa.org encourages vehicle owners with a lemon to hire a lemon law attorney. You can bet the car manufacturers have legal counsel at the ready to help defend against lemon law claims both in arbitration and in court. Shouldn’t you have competent legal counsel in your corner?
This information brought to you by Allen Stewart P.C.
