North Carolina Lemon Law Helps Consumers Even Playing Field With Manufacturers
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 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 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 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.
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 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 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 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.
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If you need a North Carolina Lemon Law attorney follow the link here for help. North Carolina Lemon Law