You are currently viewing our Lemon Law reference page for : North Carolina – Statute §20-351
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Vehicles Covered:
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Vehicles as defined in NC Statute sold or leased
in state. Excludes house trailers and vehicles over 10,000lbs gross vehicle
weight.
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Persons Covered:
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Purchasers, transferees during the express warranty
period, or any persons entitled to enforce the warranty.
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Period Covered:
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Consumer entitled to repairs for defects reported
within the first 12 months or 12,000 miles. Consumer may demand a replacement
or refund of purchase price for defects occurring during the first 12
months or 12,000 miles.
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Notice Requirement:
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(a) Manufacturer – clear conspicuous notice
of arbitration process in the warranty; (b) Consumer – report the nonconformity
to the manufacturer, its agent or authorized dealer, if notice is to its
manufacturer, it has 15 calendar days to correct nonconformity, written
notice 10 days prior to filing a civil suit.
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Repair Requirements:
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It is presumed that a reasonable number of attempts
have been made if the same nonconformity has been subjected to four or
more repairs, or the vehicle is out of service for a cumulative total
of 20 or more business days.
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Affirmative Defenses:
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The nonconformity is the result of abuse, neglect,
odometer tampering by the consumer, or unauthorized modifications or alterations.
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Replacement/Refund:
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At the consumer's option, the manufacturer shall
replace with a new comparable vehicle, or refund the full purchase price
less a reasonable allowance (defined).
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Other Reimbursement:
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Collateral charges, and incidental costs and
consequential damages: Refunds to consumer and lien holder.
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Other remedies:
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There is no limit on other consumer remedies:
Injunctive relief, monetary damages (trebled), and attorney fees.
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Arbitration:
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For remedies under this section, a consumer
must use the informal dispute procedure established by the manufacturer
provided that it complies with 16 C.F.R. 703.
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Dealer Liability:
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None.
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Resale of Lemon:
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Full disclosure required.
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