Friday, February 4, 2011

North Carolina Lemon Law

North Carolina new-vehicle consumers are protected by the state's New Motor Vehicles Warranties Act (N.C.G.S. 20-351), also known as the lemon law. The law applies to new passenger cars, pickup trucks, motorcycles and most vans, according to the North Carolina attorney general's website. The law says the vehicle must conform to what the warranty guarantees within restricted time frames and without an unreasonable amount of repairs.



Warranties
The North Carolina lemon law works within the restrictions of manufacturer warranties on new vehicles. The law covers warranties on most vehicles. It does not cover motor homes or vehicles exceeding 10,000 pounds, even with a warranty. A problem with a vehicle must be present within the specified warranty time or within one year of the vehicle's delivery date, or 12,000 miles, whichever arises first.
Qualifing Vehicles
The North Carolina lemon law says any problem that causes a significant decrease in the value of the vehicle or conditions that make the vehicle inoperable within the warranty period shall be covered by the manufacturer. According to the North Carolina attorney general's website, faulty conditions do not need to be something that keep the consumer from driving their car. Problems could include a bad air conditioner or peeling paint.
Repair Requirements
Upon finding faulty conditions in a new motor vehicle, take the vehicle to the repair shop. The manufacturer warranty may or may not cover the costs. But if the car is in the shop more than four times for the same problem in a year, it may be considered a lemon in North Carolina. It may also qualify if it is in the repair shop for more than 20 days within one year.
Contact the Manufacturer
For any repairs covered under the warranty, contact the manufacturer. Also, under the North Carolina lemon law, the manufacturer must be contacted before any suit can be filed. This gives the manufacturer a chance to rectify the problem. The manufacturer has a total of 15 days to conform the car to match the warranty. Some manufacturers have a process to settle the dispute out of court.
Expectations
If the problem cannot be resolved, a lawsuit may be applicable. The North Carolina Lemon Law states that if the consumer wins the suit, the consumer can choose between two options. The first option is having the car replaced with a motor vehicle matching the original price of the car. The other option given to the consumer is to receive a refund minus a mileage cost. The refund is determined by the following equation: (Purchase Price - (Purchase Price x Actual Mileage)) /120,000
Contact an Attorney
This information is a brief overveiw of the subject, not legal advice. It is always best to speak with an attorney concerning all legal matters.

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