Preview

Lemon Law

Good Essays
Open Document
Open Document
488 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Lemon Law
Lemon Law

The North Carolina Lemon Law is a consumer protection law enacted to provide recourse after having purchased a defective vehicle. The North Carolina Lemon Law is similar to lemon laws in other states, but there are some differences.
North Carolina’s lemon law requires automobile manufacturers to repurchase or replace a vehicle that has not been properly repaired within a "reasonable number of attempts". In North Carolina, this reasonable number is 4 attempts or if the car has been out of service waiting repair for a cumulative total of 20 or more business days during any 12-month period of the warranty. The North Carolina Lemon Law gives relief to those who either buy or lease a vehicle that has a gross weight of 10,000 pounds or less. It covers cars, trucks, motorcycles and most vans. It does not cover, however, house trailers. The North Carolina Lemon Law covers any kinds of defects that impair the value, use or safety of the vehicle to the consumer. The defects does not have to affect the drivability of the car but could be problems such as defective paint, heating system or excessive noise.
It is very important to read the warranty book that came with the new or leased vehicle carefully. The warranty will tell you what is covered and for how long. When you buy or leased your vehicle, you probably will have to sign a lot of paperwork. It is important to read your copies of this paperwork very carefully to find out if the manufacturer wants you to waive your rights to a trial by jury in the case of problems and settle through arbitration instead. Arbitration is usually not in the best interest of the consumer in lemon law cases, so make sure you know what your rights are before you buy or lease. READ IT

You May Also Find These Documents Helpful

  • Good Essays

    Were courts to routinely enforce such disclaimers as this, I believe that sellers everywhere would quickly adopt liability releases as standard contract which would have the effect of nullifying the entire law of tort, and leave unsuspecting consumers at the mercy of the unscrupulous. Also under the federal Magnuson warranty act, a seller that provides a limited written warranty is prohibited from disclaiming the provisions of any implied warranty, during the period in which the limited warranty is in force. The Magnuson-Moss Warranty Act is a federal statute that regulates written warranties on consumer products (LAWLIBRARY). The Magnuson-Moss Warranty Act does not require a seller or lessor to make an express written warranty. However, sellers or lessors who do make express warranty are subject to the provisions of the act. (Cheeseman). The seller created a limited warranty concerning the repair and replacement of defective parts, but the seller cannot disclaim the implied warranty of UCC 2-314, which requires that the vehicle be fit for the ordinary purposes for which the goods are used. The sales contract unreasonably favors the dealer, because it permits the avoidance of any effort to ensure the vehicle 's safety to an ordinary consumer prior to resale. The buyer was simply driving the vehicle…

    • 610 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The vehicle came to Kentucky covered by Robey's warranty, the one month/1000 mile “service agreement.”…

    • 394 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Lemon Law

    • 573 Words
    • 3 Pages

    If you have purchased or leased a vehicle, motorhome, or motorcycle, either brand new, certified pre-owned, or used, that has been subject to four or more repairs under the original manufacturer’s warranty for the same problem, you may be entitled to relief under the lemon law. This financial compensation may be in the form of a full repurchase, a replacement, or a “cash and keep” settlement. In a repurchase, the manufacturer will reimburse you for your down payment, all monthly payments, current registration fee, and any other out of pocket expenses such as towing fees or rental car fees. The manufacturer will deduct a mileage offset, which is a credit to the manufacturer for the “good miles” on the vehicle. The mileage offset is calculated using the vehicle’s mileage at the time of the first repair, divided by 120,000, and then multiplied by the original purchase price. In addition, the manufacturer will pay off the entire balance owed on the auto loan, take the vehicle back from you, and brand the title as a lemon law buyback. The only other items that may be deducted from a settlement are those items added to the purchase that were not added to the vehicle at the factory such as service contracts, gap insurance, or other aftermarket items. Another form of relief that you may receive from the manufacturer is a vehicle replacement. This means that the manufacturer will replace your vehicle with the same model from the current year, take…

    • 573 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Ohio Lemon Law

    • 1257 Words
    • 6 Pages

    The Ohio Lemon Law covers all consumer new cars, trucks, RV’s, motorcycles, and any other new motor vehicle, and it does not matter if you purchased your vehicle or leased it. If within the first 18,000 miles or the first year after purchase, your vehicle is in the repair shop three times for the same problem and it does not get fixed, or if you have more than eight different defects then it can be a lemon. If your new vehicle is in the repair shop for more than a total of 30 days during the first 18,000 miles of ownership or within the first year after the original sale date, then you have a lemon. The Federal Lemon Law can help you get rid of your lemon and get your money back. However, watch out for the ways the manufacturer will try to take advantage of you. The Ohio Lemon Law does not allow the manufacturer to make any mileage deduction when they buy your vehicle back from you because it is a lemon. If you want your lemon new car to be replaced with one that runs like it suppose to, the manufacturer is not allowed to charge you for the increase in the sticker price.…

    • 1257 Words
    • 6 Pages
    Better Essays
  • Good Essays

    There are a number of laws and regulations that have been put in place to protect consumers when buying products or services. Businesses must make sure they follow these laws and regulations to prevent possible legal action being taken out against them. These laws prevent the businesses from misleading customers about their goods or services. I am going to explain these laws, and explain how they impact of McDonalds and Apple.…

    • 505 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Reliable Cars

    • 2018 Words
    • 9 Pages

    1) Low mileage, formerly owned automobiles and pickup trucks priced between from $3,999 to $15,999. All vehicles sold come with a thirty day limited warranty and may be exchanged for credit towards another vehicle of equal or greater value during the first ten days…

    • 2018 Words
    • 9 Pages
    Good Essays
  • Satisfactory Essays

    Business Law

    • 359 Words
    • 2 Pages

    The buyer may lose the right to revoke or reject goods that are nonconforming by failing to inspect them in a timely manner. When the buyer accepted the goods, signifies to the seller or lessor in words or by conduct that the good are conforming or that the goods will be taken despite their nonconformity.…

    • 359 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Lemon Law

    • 1614 Words
    • 7 Pages

    Bibliography: Consumer Law Center - Lemon Laws. Consumer Law Center Home Page. Internet. http://www.lemonlaw-ohio.com/laws.html. Lemon Law Test. Ohio Lemon Law Homepage. Internet. http://www.ohiolemonlaw.com/fittest.shtml. Ohio 's Lemon Law. Attorney General 's Office Homepage. Internet. http://www.ag.state.oh.us/agpubs/lemonlaw.htm. State Lemon Laws and Protection for Consumers. National Association of Consumer Advocates Homepage. Online. Internet. http://www.naca.net/New . Ohio Lemon Law Homepage. Internet. http://www.ohiolemonlaw.com…

    • 1614 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    tort law

    • 320 Words
    • 2 Pages

    3) How were the elements of intentional infliction of emotional distress applied to that case? In other words, explain why the court concluded that there was enough evidence to establish intentional…

    • 320 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Tort Law

    • 435 Words
    • 2 Pages

    1. Smiley, a buyer for Carrefour Fashions, entered the store of a rival firm, Boulevard Boutique, in order to find out what latest lines they were carrying. He was recognized by Maldini, the manager of Boulevard Boutique, who called the store detective, Rocco, and ordered him to “keep an eye” on Smiley while he, Maldini, called the police.…

    • 435 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The Massachusetts Lemon Law, M.G.L. c. 90, sec. 7N1/2, protects consumers who have serious defects in their new cars. The law defines a lemon as a new motor vehicle that has a defect that substantially impairs the use, market value, or safety of the vehicle, and which has not been repaired after a reasonable number of attempts. If a substantial defect still exists or recurs after a reasonable number of repair attempts, the consumer has the right to a refund or a replacement vehicle. Keep in mind that not all car problems are serious enough to qualify under the Lemon Law.…

    • 973 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Kudler Fine Foods is a gourmet establishment. The first store was opened in 1998 and was such a success that many more will be opening. This gourmet shop was created in the vision the owner was searching for: a place where gourmet foods can be purchased at an affordable price. Kudler Fine Foods employs many employees. These employees have rights that must be adhered to.…

    • 1231 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The Magnuson- Moss warranty act, lemon laws, and general warranties are in place to protect consumers against defective or useless products. Lemon laws are geared more towards cars (new and used) under some sort of manufacturers’…

    • 614 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Transfer of Property

    • 5891 Words
    • 24 Pages

    Therefore, if a contract to buy a new car which form part of a larger consignment, so no title passes until the seller has ascertained the good to be sold by setting aside a particular car for the purpose of the sale.…

    • 5891 Words
    • 24 Pages
    Good Essays
  • Powerful Essays

    Law- Unpaid Seller

    • 1926 Words
    • 8 Pages

    Subject to the provision of this act the rights of an unpaid seller can be studied under two heads:…

    • 1926 Words
    • 8 Pages
    Powerful Essays