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North Carolina - Statute §20-351

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Vehicles Covered:

Vehicles as defined in NC Statute sold or leased in state. Excludes house trailers and vehicles over 10,000lbs gross vehicle weight.

Persons Covered:

Purchasers, transferees during the express warranty period, or any persons entitled to enforce the warranty.

Period Covered:

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.

Notice Requirement:

(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.

Repair Requirements:

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.

Affirmative Defenses:

The nonconformity is the result of abuse, neglect, odometer tampering by the consumer, or unauthorized modifications or alterations.

Replacement/Refund:

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).

Other Reimbursement:

Collateral charges, and incidental costs and consequential damages: Refunds to consumer and lien holder.

Other remedies:

There is no limit on other consumer remedies: Injunctive relief, monetary damages (trebled), and attorney fees.

Arbitration:

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.

Dealer Liability:

None.

Resale of Lemon:

Full disclosure required.

Disclaimer: Please note that statutes may have been amended since the book was originally published in 2005.
Please consult your Secretary of State or local DMV office for the most recent and up to date statutes for the California Lemon Law.