FAQs

Every state has a unique Lemon Law, but most follow the same pattern of having to prove that the vehicle has defects that substantially impair a vehicle’s use,value or safety; and that it has been subjected to an unreasonable number of repair attempts. In North Carolina usually we look for at least three, or ideally at least four visits,or at least 20 business days within a one year period of the warranty where the vehicle is out of service for the same problem to have a viable case. Some other states require fewer visits, but others also have heightened requirements for the number of days out of service. North Carolina, when compared to other states, has a fairly average strength Lemon Law.

In North Carolina an unreasonable number of repair attempts is often a task for a jury to decide as the finder of fact. A great jury may say that just a few visits for a few weeks is “unreasonable”. Or, as I have seen, a jury can come back and say even nine repair attempts is not wholly “unreasonable.” However, in North Carolina, if the same nonconformity has been presented for repairs four or more times, or has been out of service at least 20 business days during a one year period of the warranty, there is a “presumption” that the attempts by the manufacturer have elevated to an “unreasonable” number.

Unfortunately, there are very limited rights provided to consumers that have issues after the warranty expires. Most manufacturer warranties promise not to fix a vehicle if it has problems within the warranty period. They promise to make repairs at no cost to the consumer. That means, as often happens, a vehicle goes in multiple times for complaints and repairs covered under the warranty; but when the age or mileage eclipses a certain threshold, it is on the consumer to pay for the repair because of how the warranty language is written.

Typically to avoid any Statute of Limitations issues, a Lemon Law claim must be filed within 4 years from the date of purchase. However, regarding reporting the defect to the dealership to be eligible for Lemon Law compensation a vehicle must be presented for repair within the first year or 12,000 miles. There are other breach of warranty and consumer protection statutes even if the vehicle is presented outside that time frame, and a case could still be quite valuable even if it is not within the prescribed Lemon Law periods.

The Pennsylvania Lemon Law absolutely applies to leased vehicles. Many folks do not know this and just think newly purchased vehicles are eligible. However, the statute clearly states that both purchased OR LEASED new vehicles that are registered in Pennsylvania are indeed eligible.

Prior to filing with the DMV, we recommend you seek an attorney to try to resolve your case through a direct case with a manufacturer first. We have heard horror stories about DMV processes taking 6 months or even a year. We try to get results in far less time than that. If we are unsuccessful, then it may be time to go to the DMV. That process includes filing a complaint, negotiating with a manufacturer, and ultimately a hearing with a DMV Hearing Examiner who can order a refund, a replacement, or that the vehicle be repaired. When necessary, we will go through these processes; but our strong preference is to work directly with the manufacturer to get a more expeditious result. (However, in some circumstances such as when the vehicle is approximately 2 years old or has 24,000 miles on it, Statutes of Limitations may come into play necessitating that you should file a case with the DMV more quickly to protect your Lemon Law rights).

The Texas Lemon Law does not cover used vehicles. However, there are several other breach of contract and breach of warranty theories that can be used to bring a claim, including the Federal Magnuson-Moss Act (which is commonly referred to as the “Federal Lemon Law”), or a violation under a Consumer Sales Practices Act or Deceptive Trade Practices Act. Just because a vehicle is used does not mean you have no rights. The cases tend to be less valuable as the strongest law available, the State Lemon Law, does not apply. But we have gotten compensation on used vehicles as well many times before.

To prevail in a Lemon Law case, we must prove that the vehicle has warrantable defects and that the defects “substantially” impair the vehicle’s use or value, and that the vehicle was out of service for an “unreasonable” time period. If the proven defects substantially impair the use or value, having the vehicle out of service for 30 days gives a legal presumption that it was out of service for an unreasonable time period. This can be a very potent argument in court, and can certainly increase the value of a case. We regularly have people who misunderstand the law and think that 30 days out of service or four visits for the same problem automatically qualify them for a buyback. Although that is not true, these facts are certainly helpful to increase the chances of a repurchase.