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Monday, October 12, 2009

North Carolina Lemon Law a great tool for consumers with problem vehicles

By Jim Johnson

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 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.

The North Carolina Lemon Law, also known as the New Motor Vehicles Warranties Act requires manufacturers to 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. Under the Lemon law, it is presumed that a reasonable number of attempts have been undertaken and the motor vehicle is a lemon and cannot conform to the applicable express warranties if:

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.

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 lemon law states that the refund to the car owner can be reduced by a usage allowance for the owners use of the car. The usage allowance is the amount use by the owner before the first report of the problem to the dealer or manufacturer. The allowance also includes any mileage when the vehicle is not out of service. The usage allowance is calculated by dividing the mileage by one hundred thousand and then multiplying that percentage by the original price.

Although the North Carolina lemon law is fairly straight forward, consumers should hire a lemon law attorney. Under the lemon law, the manufacturer must pay the attorney fees if the vehicle is a lemon. In addition, there are notice requirements and some hidden pitfalls that may trip up a consumer. You should not delay in getting an attorney to help you. - 21396

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