Lemon Law in North Carolina
Do you know what constitutes a “reasonable number of attempts” to fix a lemon in North Carolina?
Details can be the key to receiving a refund or getting stuck with the vehicle. Considering the ballooning costs for cars or trucks, you need to understand what you can do about it. Start this legal journey with us today by paying careful attention to the details in this guide today.
What Is a Lemon Law?
Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any lemon law to apply, the automobile must suffer from a defect. This problem should be outside the purchaser’s control, like a manufacturer issue. Furthermore, lemon laws apply if a certain number of reasonable repairs happened to the vehicle in question to no avail.
When Do North Carolina Lemon Laws Apply?
Lemon laws only apply when the vehicle in question is under warranty. This restriction does not mean it has to have a new guarantee. There are often dealership warranties attached to certified used cars. Under the federal lemon law requirements, conditions must meet the following criteria:
- The manufacturer attempted to fix the issue on several occasions. Note that the number of conditions that merit a lemon law application can vary based on the court’s opinion.
- There have been attempts to address the issue(s) in question within the first two years of owning and operating the vehicle.
- The car has been out of service for at least 30 days. Note that the days do not have to be consecutive.
How Do You Ensure the Application of Lemon Laws?
There are some common practices that you can take that better position you when citing lemon law:
- You should only take the vehicle in question to the corresponding dealership for repairs. By taking it there, you establish credibility by showing the responsible party attempted to address the issue. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot be held liable for any attempts made to fix the problem.
- Keep accurate and detailed records of any repairs made. This way, if your case goes to trial, have accurate logs that detail the manufacturer’s opportunities to fix the mechanical issues. This detail also helps build a timeline of how long you could not use your vehicle.
Lemon law statutes vary by state. You should research the lemon law requirements in North Carolina to ensure you remain within the legal confines.
North Carolina’s lemon laws are in effect thanks to the New Motor Vehicles Warranties Act. Under this legislation, your vehicle doesn’t have to be completely inoperable. For instance, a chronic problem with the air conditioning or even cosmetic issues can apply. If the manufacturer cannot fix it, they must buy the vehicle or provide a replacement.
What Exactly Are Consumers Entitled To Under Lemon Laws?
You have a legal entitlement to a replacement vehicle or refund if North Carolina lemon laws apply. However, manufacturers may deduct a fee in proportion to the miles the owner put on the car or truck before it became unusable. This compensation should include:
- Down payment
- Registration
- Taxes
- Car rentals
- Monthly payments
- Tow expenses
- Attorney costs
Do Lemon Laws Apply to Used Vehicles?
Lemon laws can apply to used vehicles. However, this is for written warranties distributed along with the vehicle upon sale. Often, a used car dealership sells vehicles with a portion of the guarantee remaining. This situation incentivizes the purchase and (allegedly) puts the buyer’s mind at ease.
The North Carolina Attorney General reports that used car sales do not have state lemon law protections. In most circumstances, your most direct option for legal recourse is the Magnuson-Moss Warranty Act.
When Should You Hire a Qualified North Carolina Lemon Law Attorney?
Have you attempted to have your vehicle repaired at the dealership? Consumers should consider legal action when it doesn’t work for 30 days. If you can’t resolve the issue with the manufacturer, it may be time to consult with lemon law lawyers in NC.
How Does the Lemon Law Litigation Process Work?
Consumers can expect to go through a series of motions by bringing in an experienced North Carolina lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most lemon law lawyers in NC, you can expect the following:
- Free Case Evaluation – Attorneys should review your case for free. They will determine its merit and whether you have a justifiable claim.
- Filing Your Claim – Your North Carolina legal representative should handle filing a claim with the manufacturer after determining the facts.
- Further Action – Your vehicle’s manufacturer may refuse to comply with the claim under federal and state statutes. Then your attorney files suit to seek entitled compensation on your behalf.
- Pursuing Settlement – The manufacturer should cover all costs and fees if you achieve a settlement before trial. This compensation will often include attorney fees.
- Contingency Fee Basis – At the end of the ordeal, clients should not have to pay for attorney’s fees. Even if you ultimately lose your case, a reputable North Carolina law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.
The court that accepts your civil complaint varies based on the amount of the damages. For instance, a small claims court handles litigation of $5,000 to $10,000. But, a nearby district court can take care of lawsuits for up to $25,000.
Work With an Experienced Local Lawyer In North Carolina
Do you need immediate help? Lemon law lawyers in NC can help guide you through the litigation process. We can even help you connect with an attorney across North Carolina state lines!
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
If you would like to do more research, we can tell you about the basics of other areas of North Carolina law.