Here are answers to some commonly asked NC Lemon Law questions.
We know that you may not know whether or not you need to contact a lawyer about your problem, and just want some general answers to your NC Lemon Law questions. If, after reviewing this page, you think you might have a lemon on your hands, give us a call or fill out our online contact form and we will contact you as soon as possible to discuss.
Under the North Carolina Lemon Law, a vehicle is a lemon when, after a “reasonable” number of repair attempts, a manufacturer is not able to fix a defect that began within the first 24 months or 24,000 miles of ownership. Generally, a reasonable number of repairs is considered four or more for the same problem, or if the vehicle has been out for repair for more than 20 days within a twelve-month period of the warranty. The problem also has to substantially impair the vehicle’s value to the consumer.
How Chances Does the Manufacturer Have to Repair My Vehicle?
The manufacturer or its authorized dealer must be given a “reasonable” chance to repair. This generally means four times to repair the same problem, or if it takes twenty or more days within a year to repair one or more problems. The manufacturer has to be given written notice of its final chance to repair.
Manufacturers may claim that they have not been given enough attempts, or that a fix is just around the corner. Don’t believe them. Call us to discuss your particular situation.
Do I have a NC Lemon Law claim if my first repair visit did not occur within the vehicles first 24 months or 24,000 miles?
No. The problem has to start within this time in order to fall under the NC lemon law. So long as the problem starts within the warranty period, the Magnuson-Moss Warranty Act (the “federal lemon law”) may still protect you. Give us a call to discuss your individual situation.
So What Happens if my Vehicle is a Lemon?
If your vehicle qualifies as a “lemon”, then you can choose between a replacement or manufacturer buyback (refund). A replacement must be a “comparable” new vehicle, and a refunds includes a return of your down payment, any interest charges, tax, tag, and title fees, and payoff for the loan, among other things. Manufacturers may deduct a “usage allowance” from the refund, however. This is basically a rental charge that gives the manufacturer a credit on the total refund amount based on the vehicle’s mileage at the third repair attempt.
Does the Lemon Law for North Carolina Apply to Used Vehicles?
No, but the Magnuson-Moss Warranty Act might. Give us a call to discuss your individual situation.
How about Leased Vehicles?
Yes, the NC lemon law applies to leased vehicles.
To What Other Vehicles Does the North Carolina Lemon Law Apply?
The North Carolina lemon law applies only to motor vehicles weighing less than 10,000 pounds. This includes motorcycles and small vans.
Can I Still File a Claim if I Have Not Been to Arbitration?
If your warranty says that you have to go to arbitration first, then to arbitration you must go! Many warranties require that you submit your claim to a non-binding arbitration process through the BBB or other forum before pursuing a lemon law claim. If your warranty requires this, you must comply. However, be careful about doing this without a lawyer because a lot of the arbitration rules are rigged in favor of manufacturers. You could wind up with substantially less than you are otherwise entitled to receive. We can assist you in determining if one applies to your vehicle, and can help you with the procedure. Call us to discuss your situation.
I Do Not Live Near Raleigh, North Carolina. Can You Still Help Me?
Absolutely! We have been privileged to represent lemon law clients state-wide, from the mountains to the coast. We know that these problems can be a huge headache, and want to take every effort to lessen that burden. We can conduct your consultation over video conference or by phone, and can review all documents by fax, email, or even snail mail to save you time. Face to face meetings with your NC lemon law lawyer are nice, but not required to resolve your case.
What Fees Will I Have to Pay for a NC Lemon Law Lawyer with Norris Law Firm?
We do not charge upfront fees for services. Both NC lemon law and the Magnuson-Moss Warranty Act allow NC lemon law attorney’s fees to be collected from the warrantor. This means that you do not have to pay out-of-pocket fees for our services; rather we are compensated at the end of the process by the warrantor. If we are unable to resolve the case in your favor, you owe us nothing.
I Hate the Thought of Litigation, Do I Have to File a Lawsuit to Resolve my Case?
No, not necessarily. We work for a favorable outcome on your claim before filing a lawsuit, and often reach a settlement without needing to do so. We build your case and present evidence to the warrantor to negotiate a favorable settlement prior to entering litigation. However, manufacturers are not in the business of replacing or buying back vehicles, and will often put a fight to avoid doing so.
To sum it up, here are the questions that, if answered yes, means you might have a lemon on your hands.
1) Did the problems start during the first 24 months or 24,000 miles of ownership?
Has the vehicle been under repair at least three times for the same defect or condition?
Has the vehicle been out of service for over 20 business days within a 12 month period on the warranty?
During the warranty period, but after the first 24 months or 24,000 miles, has the dealership been unable to fix a recurring problem despite being given at least 3 attempts?
During the warranty period, has the vehicle been out for repair attempts for an unreasonable period of time (20 or more days), but the problems have not been fixed?
If the answer to the above questions is yes, you may have a lemon. You paid good money for your vehicle, and you deserve to get what you paid for. There is no reason to deal with the stress and hassle. Going it alone against manufacturers, dealers, and warranty providers can be frustrating, stressful, and sometimes counterproductive. Contact us today to see if our NC lemon law attorneys can help you in getting a resolution to your car troubles.
There is no obligation. Our free consultation and case review will help you understand your situation, your rights and options. We may be able to assist you in achieving a favorable resolution with no risk to you. Contact us at 919-981-4475, or email us with your situation through our confidential inquiry form to get a review of your case. Put together all of There is no obligation. Our free consultation and case review will help you understand your situation and your rights and options. We may be able to assist you in achieving a favorable resolution! Contact us at 919-981-4475, or email us about your situation using our confidential inquiry form to get a free case review. Put together all of your vehicle records and documents, including all sales documents, warranty contracts, and repair orders, and get started today. After all, you have nothing to lose, and everything to gain by getting rid of your lemon.