NC Lemon Law FAQs

When does a vehicle qualify under the NC Lemon Law?
Generally, a vehicle qualifies under the North Carolina Lemon Law when the vehicle has a defect that the manufacturer, through its authorized dealer, has been unable to repair.  The manufacturer must be given a reasonable number of attempts to repair the vehicle within the warranty period and the vehicle’s problems must have started within the first twenty-four months or 24,000 miles of ownership.

How many times do I need to take my vehicle back for repair before I have a NC Lemon Law claim?
The NC Lemon Law states that a manufacturer, through its authorized dealer, must be given a reasonable number of attempts to repair a vehicle.  The law presumes that the manufacturer has been given a reasonable number of attempts after the fourth unsuccessful repair attempt, provided it has been given notice that the fourth attempt is the final attempt.   The law also presumes that a manufacturer has been given a reasonable opportunity to repair if the vehicle has been out for repairs for more than twenty days within a twelve month period of the warranty.  Because this is called a ‘rebuttable presumption’ the manufacturer can, and often does, say that it has not been given a reasonable number of attempts after the fifth, sixth, and even more repair attempts!  This is why it is important to get an attorney who knows the law and can guide you through the sometimes confusing responses that the manufacturer or its dealerships may give you.

Can I have a claim under the NC Lemon Law if my repair visits did not occur within the vehicle’s first 12 months or 24,000 miles?

No.  The law is clear that the problems must have begun within this time period.  However, that doesn’t mean that you don’t have recourse.  Because most warranties are still in effect after this time period, the Magnuson-Moss Warranty Act would still protect you.

What am I entitled to if my vehicle qualifies under the NC Lemon Law?
If your vehicle qualifies under the NC Lemon Law, you will be entitled to a refund of virtually every dime that you have paid for the vehicle, minus a useage allowance calculated at the time of the third repair attempt.  This includes your down payment, all interest charges, and the payoff of any outstanding loan balance.  You will also be entitled to other incidental damages such as rental car expenses, repair costs, towing expenses, etc.  You also have the right to choose whether you want a repurchase or replacement vehicle.  If you otherwise like the vehicle that you have, only you want one that works and is not a lemon, then you may choose to have the vehicle replaced with a comparable new vehicle.  Best of all, there is no usage allowance with a replacement vehicle so this is often a preferable choice for vehicles that have a high mileage at the time of the third repair attempt.

Does the NC Lemon Law apply to used vehicles?
No.

Does the NC Lemon Law apply to leased vehicles?
Yes, the NC Lemon Law applies to vehicles that are leased.

Does the NC Lemon Law apply to anything other than vehicles?
No.  The NC Lemon Law only applies to motor vehicles, with the exception of certain vehicles that exceed 10,000 lbs.

I haven’t been through arbitration.  Can I still have a claim under the NC Lemon Law?
The NC Lemon Law requires you to arbitrate your case before filing a claim in court provided the manufacturer has such a provision in place in its warranty.  Only a handful of manufacturers have arbitration provisions in the warranty, so it is best to check your individual warranty book to find out if you have to first arbitrate your claim.  Give us a call to discuss this important step if you have such a provision in your vehicle’s warranty.

I don’t live near Norris Emery, PLLC’s office.  Can my free consultation be conducted over the phone?
Yes.  We are happy to talk with you over the telephone and frequently represent clients from all corners of the State of North Carolina.  You can send your documents by scanning them and emailing them to us, faxing them, or by regular snail mail.  We have often settled cases for our ‘long distance’ clients without face to face meetings although we certainly want to meet you if at all possible.  We have the latest in video conferencing technology so often set up such meetings in lieu of office visits.

Can Norris Emery, PLLC help me no matter where I live in North Carolina?

Yes, we routinely handle lemon claims state-wide.  If we are unable to resolve your claim in the early resolution stage and a lawsuit is ultimately necessary, then we will file the claim in your home county.

What fees will I have to pay to hire Norris Emery, PLLC?
We do not charge our clients any up-front fees.  The NC Lemon Law and Magnuson-Moss Warranty Act includes an attorney’s fees provision which allows us to collect fees from vehicle manufacturer after the claim is successfully resolved.  Like most consumer protection laws, this provision makes pursuing your rights under the NC Lemon Law economically feasible, especially for those who would otherwise not be in a position to hire an attorney.  Additionally, any applicable contingency fee would not be due until we successfully recover on your behalf.

Can my case be resolved without filing a lawsuit?
Yes.  We attempt to resolve all of our clients’ claims in the early resolution phase prior to filing a lawsuit.  We do all we can to build your case and the evidence in your favor and negotiate a favorable settlement with the manufacturer.  Oftentimes our clients’ vehicles have been repurchased and replaced or partial refunds have been given without ever filing a lawsuit.  After all, a manufacturer has no incentive to engage in time consuming and expensive litigation over a vehicle that has obvious defects.

So how do I get started?

First, gather all of your documents associated with your vehicle, including all sales documents and repair orders.  Second, give us a call!  After all, you have nothing to lose and everything to gain by getting rid of your lemon!