Friday, June 27, 2014

I recently bought a used car and now it does not work. Am I covered under the Lemon Law?

While the "Lemon Law" in North Carolina only pertains to new vehicles, you may still recover if you purchased a used vehicle but it will be covered under a different law. 


To file a claim under the "Used Lemon Law" you must meet one of the following criteria:
  • The seller FAILED to tell you if the car was in an accident when the car is no more than 5 years old. 
  • The seller FAILED to tell you if the car had a repair that cost more than 25% of the value of the car at the time of the collision and the car is under 5 years old. 
OR
  • The seller FAILED to let you know if the car was in a flood, a reconstructed vehicle, or a salvage vehicle. 

Unwritten Warranty

North Carolina law also requires that your used car (and all products) be "fit for the ordinary purposes for which such goods are used." So, if you bought a car expecting it to run, and it doesn't run, then it is not fit for use! 

Get Triple What You Lost

Separately, you may have a claim for Unfair and Deceptive Trade Practices if you were deceived by the seller's actions and are now left with a dud. The courts frown on big businesses taking advantage of the little guys. If you win a case for unfair and deceptive trade practices, you will receive triple the amount you lost as a result of their actions!

While you can file your case in small claims court, keep in mind that the other side is a business and will likely hire an attorney. If you have questions or need assistance with your "lemon," contact us using the information listed below.

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com 

We assist clients in the following areas:

Orange County, NC 
  • Cary, NC
  • Chapel Hill, NC
  • Carrboro, NC
  • Hillsborough, NC
  • Mebane, NC
  • Efland, NC 
Durham County, NC
  • Durham
  • RTP
  • Bahama
  • Rougemont
*Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

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