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Ely
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At it relate to used cars, are there laws to protect you againt

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At it relate to used cars, are there laws to protect you againt the sales of lemons in north carolina
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is yes, but it gets a little more complicated.

There is the "New Motor Vehicles Warranties Act" (N.C.G.S. 20-351), but this applies only to new vehicles. Ergo, an "inherent" warranty is not existing with used vehicle sales.

However, one may have a suit under implied warranty.

An implied warranty of fitness for a particular purpose is a warranty implied by law that if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer, the seller is guaranteeing that the item is fit for that particular purpose. Tennessee Carolina Transp., Inc. v. Strick Corp., 196 SE 2d 711 - NC: Supreme Court 1973.

An implied warranty of merchantability is a warranty implied by law that goods are reasonably fit for the general purpose for which they are sold. Reid v. Eckerds Drugs, Inc., 253 SE 2d 344 - NC: Court of Appeals 1979.

Now, both are very subjective and are based on (1) the item's condition at time of purchase, (2) the amount the item was purchased for, (3) how long an item of such nature normally would be expected to last for, and (4) whether or not you waived these warranties by writing. In addition, it is up to the Plaintiff to illustrate that the warranties apply, as opposed to a lemon law that automatically applies.

Often, a letter threatening to sue will have the dealer agree to work with you to avoid litigation. Let me know if you need a sample letter.

I hope this helps and clarifies. Good luck.

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Ely, Attorney
Category: Traffic Law
Satisfied Customers: 87434
Experience: Private practice
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