Fuel Saving Tips

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 covers vehicles that were sold or leased in North Carolina. It covers new motor vehicles, which are defined as a vehicle that has never been sold before or is sold as a new car by a dealer or manufacturer. The lemon law specifically covers new passenger cars, pick-up trucks, motorcycles and most vans bought in North Carolina.

The North Carolina Lemon Law, states that a manufacturer must 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. To make it easier for car owners to prove their case, the North Carolina legislature created a presumption that a vehicle is a lemon. The lemon law creates a presumption that a car is a lemon states 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.

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.

To understand why the North Carolina lemon law was created, you must understand how the law worked before its inception. Before the lemon law was enacted, auto owners with auto problems were forced to seek redress of their claims with large automobile manufacturers. Seeing a problem with the disparity of the parties, the North Carolina Legislature developed the lemon law, which created the right for an automobile purchaser to bring a lemon law case against an automobile maker.

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.

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 purchaser has had the automobile in the dealership four (4) or more times for the same concern and the concern continues to exist; or

The purchaser did not have use of the automobile while repairs were attempted or while the automobile was awaiting a repair attempt. The impairment of use of the automobile must be for twenty or more days in the warranty period. There is a catch though, to get the presumption the purchaser send correspondence to the manufacturer putting it on notice of the concerns 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.

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.