North Carolina

Sometimes, yes. If the vehicle is a larger commercial vehicle weighing more than 10,000 lbs. Then the law does not apply as it does not view that as a “consumer” vehicle. Additionally, manufacturers are very careful to craft language in the warranty that expressly disclaims liability for any “incidental or consequential” damages, including lost revenue or wages. As such, recovery for business losses under a breach of warranty theory is not available since those damages were disclaimed. However, if the vehicle is a smaller or light duty truck, and especially if it is used for both personal and business purposes, it should still qualify for Lemon Law protection.

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.