Do You Have A Lemon?
- Claiming that they haven’t been given enough repair attempts. Solution: You must have repair orders for each repair attempt. Make sure the complaint is clearly described, using the same language for each repair order for the same defect. Each repair order should indicate the correct number of days the vehicle was in the shop.
- Claiming that the defect never existed or that you are complaining about a different defect altogether. Solution: Always complain about your vehicle problem using the same description. Make sure that your complaint is written verbatim on the repair order. Ask the service rep to let you review what they have written and make sure you are given a copy.
- Claiming that the perceived defect is “normal” and that all vehicles of that make/model/year “do that”. Solution: Drive similar vehicles to verify this claim.
- Claiming that the defect isn’t substantial. Solution: The defect must be as substantial as the cost of repairs, safety issues, downtime, and depreciated value. The general rule is, “Is the vehicle defect a Big Deal?”. In North Carolina, the condition or defect must subtantially impair either the “use” or the “value” of the vehicle.
- Claiming that the consumer abused or neglected the vehicle. Solution: If you’ve taken the vehicle off-road, it should not be considered abuse as long as the vehicle is advertised as an off-road vehicle. Again, keep documentation of all maintenance and repairs. You should also keep up with your vehicle’s recommended maintenance schedule in your owner’s manual.
- Service reps may offer you an extended warranty, but this will not make your problems go away, or account for the downtime and inconvenience you’ve experienced already. Don’t ever sign anything that says you accept an extended warranty in exchange for giving up your right to file a claim under the lemon law.
- Service reps may tell you that your only option is to let them continue to make repair attempts. This tactic is meant to discourage you into trading the vehicle and/or accepting the loss. Meanwhile, you’ll continue to put more miles on the vehicle for the manufacturer to offset in the event of a buyback. Once you meet the qualifications for the NC lemon law, you have a right to say ‘enough is enough’!
- A manufacturer’s rep or dealer may offer you a trade assist. The trade assist may equal the trade-in value of your vehicle, but your recovery under the North Carolina lemon law could be substantially more.
Remember to read your warranty and follow all procedures carefully. Your warranty may require that you provide a written notice to your manufacturer of a “last chance to fix”, allowing them 15 days to make the final repair attempt. After the final repair attempt, they aren’t allowed any more, at which point you can invoke the NC Lemon Law for a replacement or repurchase. Contact our office, or fill out our Free Online Lemon Law Review Form.
