While most recalls tend to fix the problem area, if it is found, some do not and the problem continues.  If your Honda is affected by this or has experienced other problems, and you want to discuss your legal rights, give us a call.

It is unknown where, exactly, the term “lemon” came from, but the following provides a fairly reasonable historical original:

“worthless thing,” 1909, Amer.Eng. slang; from lemon (1), perhaps via criminal slang sense of “a person who is a loser, a simpleton,” which is perhaps from the notion of someone a sharper can “suck the juice out of.” A pool hall hustle was called a lemon game  (1908); while to hand someone a lemon  was British slang (1906) for “to pass off a sub-standard article as a good one.” Or it simply may be a metaphor for something which “leaves a bad taste in one’s mouth.”   lemon. Dictionary.com. Online Etymology Dictionary. Douglas Harper, Historian. http://dictionary.reference.com/browse/lemon (accessed: February 02, 2011).

Generally, every state has a lemon law of some type, although the quality and breadth of coverage varies widely from state to state.  The proof, as they say, is in the pudding, and the details of coverage, protections, and remedies afforded by each state can make a world of difference.  North Carolina’s lemon law is formally known as the “New Motor Vehicles Warranties Act”, and codified in N.C. General Statutes § 20-351 et seq.

As lemon laws go, North Carolina’s is fairly comprehensive, and provides solid remedies and easily identifiable thresholds for when a vehicle can rightly be called a lemon.  Here is the lemon law in a nutshell:

1)      Covered Vehicles – all new motor vehicles, whether purchased or leased, that weigh less than 10,000 pounds.  In other words, if you buy or lease a vehicle for you or your family, it likely covered.

2)      Defects – any defect or condition that substantially impairs the vehicle’s value to the consumer.  This is a subjective standard, meaning it doesn’t necessarily matter whether the market value is generally affected for the vehicle, only that the vehicle’s value to you is affected.  Of course, you must still be somewhat reasonable about the problem. If a knob on your radio keeps coming off, the value is likely not objectively or subjectively impaired.  If the engine keeps falling out, that’s another matter.  Ultimately though, a jury is who decides whether a vehicle is a lemon, so don’t take a manufacturer’s statement as to the severity of the defect, or whether it exists at all, as gospel.

3)      How  long does the lemon law apply?  Defects must occur within the first 24 months or 24,000 miles.

4)      How long does a manufacturer have to fix the problem?  – manufacturer is given a “reasonable number of attempts”.  The law says a reasonable number of attempts is four repairs for the same problem or more than 20 days in the shop for a series of problems.

5)      So I have a lemon, now what?  – consumers may elect to have their vehicle repurchased, or to replace it with a comparable new vehicle.  Be sure to keep detailed repair records, and make sure that the dealership employees are accurately recording your problems, the repairs that are completed, and their identification of any problems that you bring to their attention.  Lemon cases rise and fall on repair records and what they contain.  Make sure yours help you tell your story and the story of your vehicle.

So, that’s it!  The lemon law is there for YOU to use.  No one else will enforce the law but you, the consumer; not the police, not the district attorney, and not even the attorney general.  You must take matters into your own hands if you want to rid yourself of a lemon.  Be careful though, going it alone can be a daunting task, and it is no wonder.  Who wouldn’t be intimidated by the prospect of facing a multi-billion dollar corporation by themselves?  The good news is that every day we stand beside consumers just like you, and would love to talk to you about your case and what might be possible.  As they say a journey of a thousand miles begins with a single step.  The first step for you to rid yourself of your lemon is to contact us.  We can help guide you through the process, keep you informed at every stage, and maybe even turn a frustrating experience into a positive example of how you can put the legal system to work for your benefit.

What does this mean?  Well, for one, it is good news for the auto industry.  I am sure the workers in Michigan and elsewhere are breathing a sigh of relief.  It also means that if you are one of the purchasers of these new vehicles, the clock has started running to determine if you were one of the unlucky few who has purchased a lemon.  The complexity of today’s vehicles, and the sheer number of parts and systems within each vehicle, means that every year manufacturers will produce a certain number of lemon vehicles.  Some auto makers are better than others, and therefore produce less, or they simply don’t produce or sell as many vehicles, but the vehicles are out there.  When defects happen, and the manufacturer can’t or won’t repair the problem, give us a call.  We’ll be glad to help.

Perhaps fortunately, we won’t have to worry about the prospect of flying lemons dropping from the sky any time soon.  If you have a real, land-based, lemon this website  is intended to provide you with the tools to make an informed decision about your vehicle under the North Carolina Lemon Law.

If you are at this website, then you most likely know the what I am talking about, and you are most likely looking for answers.  So what can you do?  Well, the first thing to do is relax if you can.  There is hope.  The NC lemon law exists to protect consumers like yourself from just these sorts of issues.  The question you need answered now is how to protect yourself in the short term and  set yourself up for the best chance of success in a lemon claim over the long term.  The answer is simple, turn your frustration into motivation.  The critical thing to remember is that repair orders (ROs) are critical, perhaps the most important, pieces of evidence that exist in any lemon claim.  Make sure that the repair orders you get from the dealership are thorough and adequately spell out both your concerns and what the dealership did about it.  If the dealership was unable to ‘duplicate the concern’ then make sure that is the case.  Ride along with them if necessary, but make sure your issues are addressed to your satisfaction.  Make sure you keep detailed notes on not only the ‘service advisor’, who is often the only name you will see on an RO, but also on the mechanic who actually ‘turned the wrench’ on your car.  You have a right to these ROs so make sure you get them all.  If you don’t have a record of a visit, then be persistent (but polite) in your request for a copy.  Finally, it is a good idea to try to get a ‘warranty repair history’ from the dealer if they will give this to you.  This is essentially a summary of all warranty visits for your vehicle no matter where it was conducted.

Second, gather all of your paperwork from the initial sale, both dealing with your vehicle and with any trade in, third party warranties, service contracts, and anything else you can think of from the date of sale.  These will help if and when the manufacturer finally agrees to buy your vehicle back or replace it.  They also provide valuable information regarding the original sale.  While the NC Lemon Law does not require a dealership to repurchase or replace your vehicle, it does require the dealer to repair any issues that are covered by the manufacturer’s warranty.

Finally, give us a call (or call us first if you wish, and then gather all of the above information ).  We can help you review the documents to identify the claims that might be available and help you take the first step to getting rid of your lemon.

Although each state’s lemon law might differ in certain respects, as a general matter they all impose similar requirements.  A car buyer must provide notice to the manufacturer that his or her vehicle is defective in some manner and has not been able to be repaired.  The laws give manufacturers a specified number of attempts to fix the problem or problems, or give them a specified time period within which the repairs must be made.  If it is unable to do so, the law generally requires the manufacturer to buyback or replace the customers vehicle. 

North Carolina’s lemon law provides manufacturers with four opportunities to repair a single defect with a consumer’s vehicle, or gives them 20 days within any 12-month period of the warranty to repair a single defect or a series of defects.  Therefore, if the manufacturer takes thirty days to repair thirty separate defects than the vehicle would fall under North Carolina’s lemon law; similarly, if a manufacturer tries to repair the same defect four or more times without success, the vehicle would also fall under the lemon law.  As mentioned above, consumers in North Carolina must provide manufacturers with notice of the existence of the defect after the third unsuccessful repair attempt or the twentieth (or close to it) day in the shop.  If the manufacturer refuses to repurchase or replace the consumer’s vehicle after these milestones have been met, then the consumer has the right to bring an action in court provided they give the manufacturer at least ten-days written notice of his or her intent to do so.

Moreover, lemon laws, like most consumer protection statutes, contain attorney-fee shifting provisions,which require manufacturers to pay the attorney fees of the prevailing consumer, although the circumstances under which these fees may be awarded differ considerably from state to state.

If you think you may have a lemon, be sure to contact an experienced lemon law attorney to discuss your rights.  Contact us today to find out more.

“Chrysler Group is recalling about 25,000 model year 2007 Dodge Caliber and Jeep Compass cars in the U.S. because of a problem that causes the gas pedals to stick.”

The problem is that these vehicles have been manufactured in 2007 and so, depending on the date of sale, your lemon law rights may have expired if you purchased one of these vehicles prior to, currently, July 1, 2007.  If you have experienced or are experiencing a problem relating to sticky pedals or other defects with your Chrysler vehicle that started within the first 24 months or 24,000 miles, you may want to consider contacting an attorney to see if you have any further rights under the North Carolina Lemon Law.