NORTH CAROLINA STATE COURT
CIVIL ACTION—COMPLAINT
(Automobile “Lemon Law” – N.C. New Motor Vehicles Warranties Act)
[// GUIDANCE: Delete all guidance comments and bracketed instructions before filing. Complete all placeholders and adjust paragraph numbering as needed to comply with the local rules of the chosen North Carolina trial court. ]
TABLE OF CONTENTS
- Parties, Jurisdiction, and Venue
- Definitions
- Factual Allegations
- Claims for Relief
• Count I – Violation of N.C. New Motor Vehicles Warranties Act
• Count II – Breach of Express Warranty (U.C.C. Article 2)
• Count III – Magnuson-Moss Warranty Act - Prayer for Relief
- Demand for Jury Trial
- Verification
- Signature Block
1. PARTIES, JURISDICTION, AND VENUE
1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is a resident of [COUNTY], North Carolina, who purchased a new motor vehicle for personal, family, or household use.
1.2 Defendant. [DEFENDANT MANUFACTURER NAME] (“Manufacturer”) is a [STATE OF INCORPORATION] corporation authorized to do business in North Carolina, with its principal place of business at [ADDRESS], and may be served through its registered agent, [NAME/ADDRESS].
1.3 Jurisdiction. This Court has subject-matter jurisdiction under the North Carolina New Motor Vehicles Warranties Act, N.C. Gen. Stat. §§ 20-351 – 20-351.10 (2023), and N.C. Gen. Stat. § 7A-240. The amount in controversy exceeds this Court’s minimum jurisdictional threshold.
1.4 Venue. Venue is proper in this County pursuant to N.C. Gen. Stat. § 1-82 because (i) Defendant transacts business here; (ii) the vehicle was purchased and/or serviced here; and (iii) the causes of action arose here.
1.5 Service of Process. All requirements of N.C. R. Civ. P. 4 regarding service of process will be (or have been) satisfied.
2. DEFINITIONS
For ease of reference, capitalized terms have the meanings set forth below and apply throughout this Complaint:
2.1 “Act” means the North Carolina New Motor Vehicles Warranties Act, N.C. Gen. Stat. §§ 20-351 – 20-351.10 (2023).
2.2 “Consumer” has the same meaning as in N.C. Gen. Stat. § 20-351(b)(1).
2.3 “Covered Vehicle” means the [YEAR/MAKE/MODEL], Vehicle Identification Number [VIN], purchased by Plaintiff on [DATE OF PURCHASE] for [PURCHASE PRICE] dollars.
2.4 “Nonconformity” means any defect, condition, or malfunction that substantially impairs the use, value, or safety of the Covered Vehicle, including but not limited to [LIST DEFECTS].
2.5 “Reasonable Number of Attempts” has the meaning set forth in N.C. Gen. Stat. § 20-351(b)(5).
2.6 “Manufacturer’s Informal Dispute Settlement Procedure” or “IDSP” means any program established by Defendant that purports to comply with 16 C.F.R. Part 703 and N.C. Gen. Stat. § 20-351.8.
3. FACTUAL ALLEGATIONS
3.1 Purchase and Warranty.
a. On [DATE], Plaintiff purchased the Covered Vehicle from [DEALERSHIP NAME] in [CITY, NC].
b. The Covered Vehicle came with Defendant’s written new-vehicle limited warranty, valid for [TERM/MILES].
3.2 Discovery of Nonconformities.
Between [FIRST REPAIR DATE] and [LAST REPAIR DATE], Plaintiff experienced multiple Nonconformities, including but not limited to [DETAIL EACH DEFECT].
3.3 Repair History.
Defendant and its authorized dealers attempted repairs on at least [NUMBER] separate occasions and kept the Covered Vehicle out of service for an aggregate total of [NUMBER] days, exceeding the thresholds of the Act. A true and correct copy of the repair orders is attached as Exhibit A.
3.4 Statutory Notice and Final Opportunity to Cure.
On [DATE], Plaintiff sent Defendant written notice under N.C. Gen. Stat. § 20-351.5, affording Defendant a final opportunity of at least 15 business days to cure the Nonconformities. Defendant failed and/or refused to bring the Covered Vehicle into conformity.
3.5 IDSP/Arbitration Prerequisites.
[Choose one of the following options and delete the other:]
a. Plaintiff submitted the dispute to Defendant’s IDSP on [DATE], exhausted that process, and received an unfavorable decision on [DATE].
- OR -
b. Defendant has not established a qualifying IDSP; accordingly, completion of arbitration is not a precondition to filing suit.
3.6 Failure to Replace or Repurchase.
Despite statutory obligations, Defendant has refused to replace the Covered Vehicle or refund the purchase price, less a reasonable allowance for use, as required by N.C. Gen. Stat. § 20-351.3.
3.7 Damages.
Plaintiff has incurred (i) the purchase price of [PURCHASE PRICE] dollars; (ii) taxes, title, registration, finance charges, and other collateral costs; (iii) incidental and consequential damages; and (iv) reasonable attorneys’ fees and costs.
4. CLAIMS FOR RELIEF
COUNT I
Violation of N.C. New Motor Vehicles Warranties Act
(N.C. Gen. Stat. §§ 20-351 – 20-351.10)
4.1 Plaintiff realleges paragraphs 1 through 3.7 as if fully set forth herein.
4.2 The Nonconformities substantially impair the use, value, and/or safety of the Covered Vehicle.
4.3 Defendant had a reasonable number of attempts to repair the Covered Vehicle or alternatively exceeded the 20-day out-of-service threshold under N.C. Gen. Stat. § 20-351(b)(5).
4.4 Defendant violated N.C. Gen. Stat. § 20-351.3 by failing to replace the Covered Vehicle or refund the purchase price, thereby entitling Plaintiff to statutory remedies, including reasonable attorneys’ fees under § 20-351.8.
COUNT II
Breach of Express Warranty
(U.C.C. Article 2, N.C. Gen. Stat. § 25-2-313)
4.5 Plaintiff realleges paragraphs 1 through 3.7 as if fully set forth herein.
4.6 Defendant’s written warranty constituted an express warranty that the Covered Vehicle would be free from defects.
4.7 Defendant breached that warranty by failing to correct the Nonconformities within a reasonable time.
4.8 As a direct and proximate result, Plaintiff suffered damages equal to at least the purchase price and incidental and consequential losses.
COUNT III
Magnuson-Moss Warranty Act
(15 U.S.C. §§ 2301 – 2312)
4.9 Plaintiff realleges paragraphs 1 through 3.7 as if fully set forth herein.
4.10 The Covered Vehicle is a “consumer product,” and Defendant is a “warrantor” under 15 U.S.C. § 2301.
4.11 Defendant’s failure to conform or repair constitutes a breach of written and implied warranties under 15 U.S.C. §§ 2304 & 2308.
4.12 Plaintiff seeks all remedies available under 15 U.S.C. § 2310(d), including costs and reasonable attorneys’ fees.
5. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant as follows:
A. Order Defendant to replace the Covered Vehicle with a comparable new vehicle or, at Plaintiff’s option, refund the full purchase price (less a statutorily-permitted use allowance) pursuant to N.C. Gen. Stat. § 20-351.3;
B. Award incidental and consequential damages as allowed by the Act and Article 2;
C. Award treble damages or other enhanced remedies if Defendant’s refusal is found willful;
D. Award reasonable attorneys’ fees and costs under N.C. Gen. Stat. § 20-351.8 and 15 U.S.C. § 2310(d)(2);
E. Award pre- and post-judgment interest as allowed by law; and
F. Grant such other and further relief, including injunctive relief, as the Court deems just and proper.
6. DEMAND FOR JURY TRIAL
Pursuant to Article I, Section 25 of the North Carolina Constitution and N.C. R. Civ. P. 38, Plaintiff demands trial by jury on all issues so triable.
7. VERIFICATION
STATE OF NORTH CAROLINA )
COUNTY OF _______ )
The undersigned, being duly sworn, deposes and says: I am the Plaintiff in the foregoing action, have read the foregoing Complaint, and the matters stated therein are true to my own knowledge except as to those matters stated on information and belief, and as to those matters I believe them to be true.
[PLAINTIFF NAME]
Sworn to and subscribed before me this ___ day of ____, 20__.
Notary Public
My Commission Expires: ____
[// GUIDANCE: Verification is optional under N.C. R. Civ. P. 11; include only if strategic or required by local rule. ]
8. SIGNATURE BLOCK
Respectfully submitted this ___ day of ____, 20__.
[LAW FIRM NAME]
Attorneys for Plaintiff
By: ________
[ATTORNEY NAME], Esq.
N.C. State Bar No. [####]
[STREET ADDRESS]
[ CITY, STATE ZIP ]
Telephone: [PHONE]
Email: [EMAIL]
[// GUIDANCE: Attach Exhibits—purchase contract, warranty booklet, repair orders, IDSP decision, and notice letter—to support statutory prerequisites. ]
END OF DOCUMENT