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 protects purchasers of new automobiles that were bought in North Carolina. The law also applies people leasing automobiles in North Carolina as well. The law is applicable to all types of automobiles and motorcycles purchased in North Carolina. It covers trucks and some vans too.
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 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.
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.
The refund to the consumer shall be reduced by a reasonable allowance for the consumer’s use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the consumer prior to his first report of the nonconformity to the manufacturer, its agent, or its authorized dealer, and during any subsequent period when the vehicle is not out of service because of repair. “Reasonable allowance” is presumed to be the cash price or the lease price, as the case may be, of the vehicle multiplied by a fraction having as its denominator 100,000 miles and its numerator the number of miles attributed to the consumer.
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.
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