The North Carolina lemon law was passed by the legislature to place consumers who purchase problem cars on a level playing field with car manufacturers. Prior to the lemon law, car owners with car problems were left to do battle with the huge corporations. Seeing a problem with the disparity of the parties, the North Carolina Legislature introduced the lemon law, which created the right for a car owner to file a lawsuit against an auto manufacturer.
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, states that a manufacturer must 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. To make it easier for car owners to prove their case, the North Carolina legislature created a presumption that a vehicle is a lemon. The lemon law creates a presumption that a car is a lemon states if:
The purchaser has had the automobile in the dealership four (4) or more times for the same concern and the concern continues to exist; or
The vehicle was out of service to the consumer during or while awaiting repair of the nonconformity or a series of nonconformities for a cumulative total of 20 or more business days during any 12-month period of the warranty. For the presumption to be effective, the North Carolina Lemon Law requires written notice of the non conformity be provided to the manufacturer before the lemon law can be triggered. It is very important that you follow the written notice requirements of the law.
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.
It is advisable that if you think your car is a lemon under the North Carolina lemon law, you should seek out a lemon law attorney now. The North Carolina lemon law is favorable to consumers but still has several requirements that must be met or your case could be damaged. The best news is, the lemon law requires the carmaker to pay the owners attorney fees if they win the case.