Used Car Lemon Law

Although the North Carolina Lemon Law does not apply to used vehicles, a similar federal law provides equally strong remedies to consumers who have purchased a defective used vehicle.  Basically the Magnuson-Moss Warranty Act is the original “lemon law”, and covers used vehicles that are purchased with a dealership or third-party warranty, dealership service contract, or with the original manufacturer’s warranty.  Like the North Carolina Lemon Law, the Magnuson-Moss Warranty Act requires that used vehicles covered under such warranties must be repaired within a reasonable time or within a reasonable number of attempts.  If the warrantor (the dealership, third-party warranty company, service contractor, or manufacturer), is unable to do this, then you may be entitled to a refund, a comparable replacement vehicle, or other monetary damages for breach of warranty.

You Have Options

At Norris Emery, PLLC, we help consumers like you obtain relief after purchasing a used lemon.  We know how frustrating it can be to buy a car that gives you nothing but problems.  The good news is that there is hope.  The Magnuson-Moss Act provides strong protection from such problem vehicles, and our law firm is dedicated to helping clients enforce their rights when warrantors are unable or refuse to keep their end of the bargain.

Details About the Magnuson-Moss Warranty

Who is Covered? – You are covered by the Magnuson-Moss Warranty Act if you have purchased a used motor vehicle:

• Along with a dealer or other third-party warranty (this includes warranties such as “30-Day”/1,000 miles, and other similar written warranties);
• That is still ‘new’ enough to be covered by the original manufacturer’s warranty;
• Along with a separate service contract from dealer within 90 days of acquiring the vehicle.

Remedies Available - If you bought a used vehicle along with one of the items listed above, you may be entitled to a refund, a comparable replacement vehicle, or other monetary damages for breach of warranty.  Best of all, this used car lemon law entitles you to recover attorney’s fees incurred in enforcing your legal rights, regardless of the relative value of the vehicle you have purchased or the severity of the defect.

“As-Is” Vehicles

As-Is Vehicles are Not Covered – Unfortunately, if you have purchased a vehicle “As-Is”, it is most likely not covered by the Magnuson-Moss Warranty Act.  However, the law requires warranty “disclaimers” such as an “as-is” notice to be “conspicuous”, or easy to see and clearly explained.  In addition, the dealership is not permitted to lie to you or otherwise deceive you about the vehicle’s underlying condition and then hide behind an “as-is” disclaimer.  If you bought an “as-is” vehicle that is seriously defective after its purchase, then it is possible you may still have other legal recourse, including claims for fraud and unfair and deceptive trade practices.

An Ounce of Prevention… - In today’s market environment, consumers need to be wary of the vehicles  they purchase and take steps to protect themselves.  Although this doesn’t give dealerships the right to mislead, deceive, or cheat you to make a sale, when buying a vehicle it is never more true that “an ounce of prevention is worth a pound of cure.”

CarFax and Autocheck are two services that provide a great ‘insider” look into a vehicle’s history.  Although it can be rather costly to run one for every vehicle you are considering, when you have narrowed down your choices, these are great resources and are worth every penny if they make the difference between purchasing a lemon or a reliable vehicle.

Have the vehicle checked out by a trusted mechanic.  You always have the right to require the vehicle to be checked out by your mechanic first, and you should always require the sale to be contingent upon a successful inspection.  Despite a common misconception, there is no official 3-day “Cooling Off Period”, so it is best to do your homework before signing on the dotted line.  If a dealership is hesitant to let you do this or resists such a request, walk away and find a better dealer.

Finally, you need to take action and do your part to help North Carolina pass a Used Vehicle Lemon Law.  Consumers, especially those who find themselves stuck with an “as-is” lemon, need to lobby their own state representatives to demand that the State pass such a law.  Call or write your state representative or senator, tell them your story, and lend your voice to others who are advocating for stronger consumer protection laws for used vehicle buyers.

Learn How our Law Firm Can Assist You

To discuss your individual situation and learn how we may be able to help you, contact Norris Emery, PLLC.  Call 919-981-4475 for a free initial telephone consultation about Magnuson-Moss and the used car lemon law.