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Sunday, October 18, 2009

North Carolina Lemon Law Can Help You Get Relief Form Defective Vehicle

By Jim Johnson

To understand why the North Carolina lemon law was created, you must understand how the law worked before its inception. Before the lemon law was enacted, auto owners with auto problems were forced to seek redress of their claims with large automobile manufacturers. Seeing a problem with the disparity of the parties, the North Carolina Legislature developed the lemon law, which created the right for an automobile purchaser to bring a lemon law case against an automobile maker.

The North Carolina Lemon Law applies to cars that were purchased or leased in North Carolina. The lemon law covers new cars, which ironically are cars that are sold as new. The types of cars the lemon law covers are new passenger cars, pick-ups and motorcycles purchased in North Carolina. The lemon law covers most vans as well.

The North Carolina Lemon Law, also known as the New Motor Vehicles Warranties Act requires manufacturers to repair defects that affect the use, value, or safety of a new motor vehicle within the first 24 months or 24,000 miles of ownership. Under the Lemon law, it is presumed that a reasonable number of attempts have been undertaken and the motor vehicle is a lemon and cannot conform to the applicable express warranties if:

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 car was unavailable to the consumer during or while awaiting repair of the problem or problems. The total unavailability must be for twenty or more business days during any 12-month period of the warranty. Before a consumer may take advantage of the presumption, the North Carolina Lemon Law requires the consumer to write a letter to manufacturer putting them on notice of the problems with the vehicle.

Under the North Carolina lemon law, a purchaser can get relief from a lemon vehicle in two ways. And the legislature has given the purchaser the option of which way they wish to be compensated. The lemon law requires the automobile manufacturer to give the purchaser a replacement auto of the same type or accept return of the purchasers automobile and give the purchaser their money back.

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.

It is advisable that if you think your car is a lemon under the North Carolina lemon law, you should seek out a lemon law attorney now. The North Carolina lemon law is favorable to consumers but still has several requirements that must be met or your case could be damaged. The best news is, the lemon law requires the carmaker to pay the owners attorney fees if they win the case. - 21392

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