North Carolina Lemon Law Blog

Attention Used Car Buyers: Beware of Lemon Laundering

february 26, 2010 09:00am

The NC Lemon Law protects new car buyers should their vehicle turn out to be defective, but used car buyers in the Carolinas have little recourse at this point in time, other than state contract law, when they purchase a defective vehicle. The next time you're on the used car lot, ask yourself this: is a used vehicle everything the seller says it is? Be careful - used car dealers can circumvent the lemon law.
Take steps now to avoid purchasing a laundered lemon.

Used cars buyers are, for the most part, on their own. It's a jungle out there! If you make a poor selection on a used vehicle, you'll likely be stuck with it. There IS a small amount of protection available, but for now at least, that protection comes before you make the purchase, not after.

Most states have strict regulations regarding how manufacturers dispose of vehicles that have been identified as lemons. These vehicles are typically returned to the manufacturers and usually repaired and resold. Most states require that these vehicles be prominently branded as such, usually on the title. While most states require strict declaration of a vehicle's history and that the title be marked, not all states do. Some dealers have been known to buy what they know to be a lemon, title it in a state that has no such requirements, and then transfer it back to a state that requires lemon law vehicles to be branded as such. This "stop" in the other state has, in effect, "laundered" or stripped the vehicle's history so that it is no longer a known problem.

In recent years, there have been a number of instances of people innocently buying used vehicles with notorious lemon histories. When the buyers inquired about the history of these cars, they were often given the run-around or just plain lied to. Perhaps the dealer played dumb, or claimed they bought the vehicle at an auction and simply didn't know. The buyer has no way of knowing whether or not they're being told the truth. Used car buyers need to hang on to that “buyer beware” mentality, making sure they are doing what they can to avoid buying a laundered lemon, no matter how sweet the deal may seem.

The most important thing you can do as a used car buyer is check the Vehicle Identification Number, or VIN. You can get a Carfax report that uses the VIN to trace the history of the vehicle.

Secondly, don't buy impulsively. Shop around, ask around, and do some research first. If you feel confident that the used car you're thinking of purchasing isn't a laundered lemon, check to make sure it meets safety and reliability standards. Consumer Reports issues safety and reliability ratings on most models, new and used, every spring.

They also offer estimates as to how well a car will hold up over time.
Doing a little investigating may help you avoid buying a car that's prone to mechanical problems. You should also ask to take the vehicle to an independent mechanic of your choosing, so that you can have a second opinion on the vehicle.

With a little caution, patience and research, car buyers can avoid issues related to the North or South Carolina lemon law and laundered lemon vehicles. If you live in the Carolinas and you think you may have purchased a lemon, contact Sean Soboleski, your NC and SC lemon law attorney.

Posted By: admin

Some Manufacturers Pull Out All the Stops

january 29, 2010 08:41am

When life gives you lemons, invoke the NC Lemon Law... But first, you'll need to be aware of some common tactics manufacturers use to avoid liability.

- 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.

- 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 Soboleski Law to see if you qualify under the North Carolina
Lemon Law.

Posted By: admin

North Carolina Motor Vehicle Repair Act

april 06, 2009 06:07am

When you contact our office at 828-285-8888 we may ask you for some important documentation to ensure that we are giving you a FREE and ADEQUATE evaluation of your potential North Carolina Lemon Law claim.

Some of the most important documentation related to your claim are the REPAIR ORDERS and REPAIR INVOICES reflecting your complaint that you presented to the service department and what repairs were attempted and/or completed. Very often we hear our clients tell us “they [the dealership] didn’t give me one” or “I was told they would mail it to me - but they never did” or “the computer was down”. These are EXCUSES that are often used by service departments. And, while it is the manufacturer and not the dealership that is pursued in NC Lemon Law claims, dealerships often attempt to avoid claims being made.

When brining in your vehicle for repairs here are some important steps to follow:

• DEMONSTRATE THE PROBLEM TO THE TECHNICIAN. Very often we see “Could not duplicate customers concern.” Don’t leave it up to the technician to find the problem, show them what the problem is, make sure they acknowledge the problem, and get the technicians name. REQUEST a test drive with the SERVICE MANAGER to demonstrate your vehicle’s problems.

• GET A REPAIR ORDER. Once you have demonstrated the problem to the repair technician and before leaving your vehicle for repair or allowing them to attempt repairs ask for a REPAIR ORDER. Service departments are required to give you this document according to the North Carolina Motor Vehicle Repair Act. Be sure that it states the problem that you demonstrated for the technician, the date you are presenting the vehicle for repairs, and the current mileage. If any of the information is incorrect (specifically your complaint) ask them to correct it before you leave.

• STAY IN TOUCH WITH THE DEALERSHIP. If you must leave your vehicle for repair over a period of time be sure that you stay in contact with the dealership.

• GET A REPAIR INVOICE BEFORE YOU LEAVE!! Once you have been contacted and you pick up your vehicle, you should receive a REPAIR INVOICE. It is important that you check this document prior to leaving the dealership!! Like the repair order, it should state the date you presented your vehicle for repair, the mileage when you dropped it off, and the problem presented. IN ADDITION, it should have the mileage and the date when you are picking the vehicle up, and it should clearly state the repairs made and/or attempted – if the invoice states that they could not find the problem, or that the problem could not be duplicated, ask to speak with the service manager and give them the technicians name that acknowledged the problem when you demonstrated it, and have them correct the repair order to reflect that the problem was demonstrated and verified by a service technician.

BE SURE TO GET THE REPAIR INVOICE BEFORE YOU LEAVE THE SERVICE DEPARTMENT
They are required to give you this documentation when you pick up your vehicle under the North Carolina Motor Vehicle Repair Act. Don’t let them give you excuses; not getting this document could potentially hurt your claim.

Here are a few helpful tips to remember:

• Keep notes. Write down names; dates; problems.
• Know what they are doing to your vehicle. If you don’t understand, ask for them to explain it to you.
• Like in a good game of poker - “Keep your hand to yourself”. Don’t tell the dealership that you are going to pursue the Lemon Law or contact an attorney – this will only make the dealership get defensive and more difficult to work with.
• Remember to be polite. Often being pleasant (even though dissatisfied) will keep the dealership on your side and may be helpful to your claim in the long run.

As a LOCAL North Carolina law firm, our first focus is making sure that our clients get what they are entitled to in accordance with their claim and the NC Lemon Law. We will evaluate your claim for FREE, simply fill out our easy online form and we will contact you immediately. Check back to our blog often for more information on the North Carolina Lemon Law and North Carolina Consumer Rights.

Posted By: admin

The 10 Most Accident Prone Vehicles On the Road

february 12, 2009 06:00am

According to the article "Cars That Will Crack You Up," by Charles Plueddeman of MSN Autos, the ten most accident-prone vehicles on the road aren't necessarily dangerous because of the way they are built, but rather, because of how they are driven.

Kim Hazelbaker, Senior Vice President of the Highway Loss Data Institute, explains: "What we are seeing is a toxic combination of affordable, high-performance vehicles in the hands of drivers lacking maturity and good judgment. The cars at the top of the list are the highest-performance versions of each model, which in particular have a high loss rate."

So here they are...the Top 10 Most Accident-Prone Vehicles:

1. Scion tC
2. Chevrolet Cobalt SS
3. Honda Civic Si
4. Subaru Impreza WRX
5. Hyundai Tiburon
6. Mitsubishi Galant
7. Suzuki Forenza
8. Cadillac STS
9. Mazda RX-8
10. Infiniti G35

If you think you might have a lemon, contact North Carolina Lemon Law attorney Sean Soboleski, at his Asheville, NC office.

Posted By: admin

Beyond the NC Lemon Law 2008 Vehicle Reliability Findings

february 03, 2009 06:13am

Are you thinking of replacing your vehicle? If so, make sure you do some research on vehicle reliability first. According to MSN Autos' latest Annual Car Reliability Survey, hundreds of new and used car models provide good reliability; not to mention, many of them are also fuel efficient and cost-effective.

Generally speaking, fuel-efficient vehicles comprise a very reliable segment of the current automotive market. European vehicles, which for the past five years have trailed behind the domestic models, are now showing signs of improvement.

The findings of MSN Autos' 2008 Car Reliability Survey are based on the experiences of those who were polled with 1.4 million vehicles. Respondents were surveyed on any serious problems or defects they had with their vehicles in 17 trouble spots during the last year, the results of which yielded current predicted-reliability ratings for new cars.


According to the survey, nine hybrid models, most from Japanese automakers, earned above-average predicted-reliability ratings. Conventional gas-sippers such as the Honda Fit, Scion xD, Smart ForTwo, and Toyota Yaris had few problems, according to the consumers who were surveyed.

Some European automakers, particularly Mercedes-Benz, had slipped to the bottom of predicted-reliability ratings in recent years. However, the latest survey results indicate a comeback.

Six Mercedes-Benz models, including the redesigned C-Class sedan, the ML350 SUV, and the sporty SL, have improved to average reliability, and as a result, are now recommended to consumers.


If you have purchased or leased a new vehicle that you're finding to be less than reliable, you may have a lemon on your hands. Educate yourself on the Lemon Law of North Carolina, by contacting NC lemon law attorney Sean Soboleski at his Asheville, NC office.


Used Vehicle Reliability

Often, used vehicles offer the best value because you're avoiding the biggest expense associated with purchasing a new car: depreciation.

For example, a seven-year-old Lexus RX SUV, a safe and reliable vehicle that typically costs $40K when new, can be found for $12 to $14K. Furthermore, drivers don't have to settle for a new small car like the Toyota Yaris when they can find a fairly new, roomier, and better equipped used vehicle in the same price range, such as a Honda Accord, Nissan Altima, or Toyota Camry.

To minimize the risks, look for vehicles that have proven their reliability over the years.

These are models that have performed well in CR road tests over the years, and have proved to have several or more years of better-than-average reliability:

Acura Integra
Acura MDX
Acura RL
Acura RSX
Acura TL
Acura TSX
BMW M3
Buick LaCrosse
Honda Accord
Honda Civic
Honda Civic Hybrid
Honda CR-V
Honda Element
Honda Odyssey
Honda Pilot
Honda S2000
Infiniti FX
Infiniti G20
Infiniti G35
Infiniti I30, I35
Infiniti QX4
Lexus ES
Lexus GS (RWD)
Lexus GX
Lexus IS
Lexus LS
Lexus RX
Lexus SC
Lincoln Continental
Lincoln Town Car
Mazda Millenia
Mazda MX-5 Miata
Mazda Protegé
Mazda3
Mitsubishi Endeavor
Mitsubishi Outlander
Nissan Altima
Nissan Maxima
Nissan Murano
Pontiac Vibe
Porsche 911 (except '03)
Scion tC
Scion xB
Subaru Baja
Subaru Forester
Subaru Impreza
Subaru Legacy
Subaru Outback
Toyota 4Runner
Toyota Avalon
Toyota Camry (except '07 V6)
Toyota Camry Solara
Toyota Celica
Toyota Corolla
Toyota Echo
Toyota Highlander
Toyota Land Cruiser
Toyota Matrix
Toyota Prius
Toyota RAV4
Toyota Sequoia
Toyota Sienna
Toyota Tundra (except '07 V8 4WD)
Volvo S60


These vehicles showed multiple Used Car Verdicts that were much worse than average, according to survey respondents. They consistently had more problems than other models overall:

Buick Rendezvous (AWD)
Buick Terraza
Chevrolet Astro
Chevrolet Blazer
Chevrolet Colorado (4WD)
Chevrolet S-10 Pickup (4WD)
Chevrolet Uplander
Chevrolet Venture
Chrysler Town & Country (AWD)
Dodge Grand Caravan (AWD)
GMC Canyon (4WD)
GMC Jimmy
GMC S-15 Sonoma (4WD)
GMC Safari
Jeep Grand Cherokee
Kia Sedona
Land Rover Discovery, LR3
Lincoln Aviator
Mercedes-Benz SL
Nissan Armada (4WD)
Nissan Titan (4WD)
Oldsmobile Bravada
Oldsmobile Silhouette
Pontiac Aztek
Pontiac G6
Pontiac Montana, Trans Sport, Montana SV6
Saturn Relay
Volkswagen Cabriolet
Volkswagen Jetta Sedan (turbo)
Volkswagen Jetta Sedan (V6)
Volkswagen Touareg

For information on the reliability of used vehicles, check out the article "Best and Worst Used Cars", provided by ConsumerReports.org and posted on MSN Autos.

If you have experienced problems with any of the above vehicles, or if you think you might have a lemon, contact North Carolina Lemon Law attorney Sean Soboleski, at his Asheville, NC office.

Posted By: admin