§ 20-351 – Purpose.
20-351. Purpose. This Article shall provide State and private remedies against motor vehicle manufacturers for persons injured by new motor vehicles failing to conform to express warranties. (1987, c. 385, s. 1.)
§ 20-351.1 – Definitions.
20-351.1. Definitions. As used in this Article: (1) "Consumer" means the purchaser, other than for purposes of resale, or lessee from a commercial lender, lessor, or from a manufacturer or dealer, of a motor vehicle, and any other person entitled by the terms of an express warranty to enforce the obligations of that warranty. (2) […]
§ 20-351.10 – Preservation of other remedies.
20-351.10. Preservation of other remedies. This Article does not limit the rights or remedies which are otherwise available to a consumer under any other law. (1987, c. 385.)
§ 20-351.11 – Manufacturer's warranty for State motor vehicles that operate on diesel fuel.
20-351.11. Manufacturer’s warranty for State motor vehicles that operate on diesel fuel. Every new motor vehicle purchased by the State that is designed to operate on diesel fuel shall be covered by an express manufacturer’s warranty that allows the use of B-20 fuel, as defined in G.S. 143-58.4. This section does not apply if the […]
§ 20-351.2 – Require repairs; when mileage warranty begins to accrue.
20-351.2. Require repairs; when mileage warranty begins to accrue. (a) Express warranties for a new motor vehicle shall remain in effect at least one year or 12,000 miles. If a new motor vehicle does not conform to all applicable express warranties for a period of one year, or the term of the express warranties, whichever […]
§ 20-351.3 – Replacement or refund; disclosure requirement.
20-351.3. Replacement or refund; disclosure requirement. (a) When the consumer is the purchaser or a person entitled by the terms of the express warranty to enforce the obligations of the warranty, if the manufacturer is unable, after a reasonable number of attempts, to conform the motor vehicle to any express warranty by repairing or correcting, […]
§ 20-351.4 – Affirmative defenses.
20-351.4. Affirmative defenses. It is an affirmative defense to any claim under this Article that an alleged nonconformity or series of nonconformities are the result of abuse, neglect, odometer tampering by the consumer or unauthorized modifications or alterations of a motor vehicle. (1987, c. 385.)
§ 20-351.5 – Presumption.
20-351.5. Presumption. (a) It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if: (1) The same nonconformity has been presented for repair to the manufacturer, its agent, or its authorized dealer four or more times but the same nonconformity continues to exist; […]
§ 20-351.6 – Civil action by the Attorney General.
20-351.6. Civil action by the Attorney General. Whenever, in his opinion, the interests of the public require it, it shall be the duty of the Attorney General upon his ascertaining that any of the provisions of this Article have been violated by the manufacturer to bring a civil action in the name of the State, […]
§ 20-351.7 – Civil action by the consumer.
20-351.7. Civil action by the consumer. A consumer injured by reason of any violation of the provisions of this Article may bring a civil action against the manufacturer; provided, however, the consumer has given the manufacturer written notice of his intent to bring an action against the manufacturer at least 10 days prior to filing […]
§ 20-351.8 – Remedies.
20-351.8. Remedies. In any action brought under this Article, the court may grant as relief: (1) A permanent or temporary injunction or other equitable relief as the court deems just; (2) Monetary damages to the injured consumer in the amount fixed by the verdict. Such damages shall be trebled upon a finding that the manufacturer […]
§ 20-351.9 – Dealership liability.
20-351.9. Dealership liability. No authorized dealer shall be held liable by the manufacturer for any refunds or vehicle replacements in the absence of evidence indicating that dealership repairs have been carried out in a manner substantially inconsistent with the manufacturers’ instructions. This Article does not create any cause of action by a consumer against an […]