North Carolina Lemon Law Can Help You Get Relief Form Defective Vehicle

By Jim Johnson

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 applies to cars that were purchased or leased in North Carolina. The lemon law covers new cars, which ironically are cars that are sold as new. The types of cars the lemon law covers are new passenger cars, pick-ups and motorcycles purchased in North Carolina. The lemon law covers most vans as well.

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 car was unavailable to the consumer during or while awaiting repair of the problem or problems. The total unavailability must be for twenty or more business days during any 12-month period of the warranty. Before a consumer may take advantage of the presumption, the North Carolina Lemon Law requires the consumer to write a letter to manufacturer putting them on notice of the problems with the vehicle.

There are two ways a car owner can be compensated under the lemon law. In fact, the car owner gets to make a choice whether they wish to have a full refund or if they would rather get a replacement car. The law requires the carmaker to replace the car with a similar new car or take the car back and issue the owner a refund.

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. - 29952

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