Contractors warranty law in north carolina

Federal Law Protections If the seller or manufacturer of a consumer product provides a written warranty, or service contract, the Federal Magnuson — Moss Warranty Act provides certain protections for the consumer.


The warranty document must fully and conspicuously disclose all the terms and conditions in simple language which can be easily understood. What Is An Implied Warranty?

Implied Warranty Of Merchantability The essence of this warranty is that the seller and manufacturer of a consumer product impliedly promises that the product is merchantable, that is, that it is fit for its ordinary purpose. An answering machine will record messages.


A boat will float. A computer will compute. Disclaimer Of Warranties North Carolina and federal law permit the seller, under certain circumstances, to disclaim or exclude express and implied warranties.

However, federal law prohibits the seller or manufacturer who has provided a written warranty or service contract from disclaiming or modifying implied warranties. The consumer should carefully read the contract and all warranty documents before completing the sales transaction. Remedies Legal remedies for breach of express and implied warranties vary depending on the terms of the sales contract, the warranty documents, and state and federal law.

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Sometimes the consumer may return the product and get a refund of the purchase price. Other times, the consumer may be required to give the seller notice of the defect and give the seller a chance to correct it. Remedies may be limited to repair or replacement. The sales contract or written warranty may require that the consumer take certain steps such as go to an arbitration hearing with the seller or manufacturer, before pursuing remedies in court. The student consumer of a defective product should talk with an SLS attorney about the remedies he or she may have and what he or she needs to do under the terms of the sales contract and the law of warranties.

Warranties Introduction Students often buy defective products. In the past, only the general contractor was held responsible for compliance with the contracting guidelines, but now employees will also be held accountable. The North Carolina Licensing Board for General Contractors aims to provide protection to the general public when they are engaging the services of a general contractor.

The Statute of Repose

The licensing process was designed for the purpose of safeguarding life, health, and property, as well as the public welfare. Consumers now have the added peace of mind of knowing that all general contractors must meet minimum educational and experience backgrounds to be providing construction services in the state.

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The North Carolina Supreme Court has held that the statute requiring licensure is a protective statute and therefore anyone who contracts to erect a building costing more than the minimum sum specified in that statute may not recover against the owner for any breach of that contract.

The net result of this finding by the North Carolina Supreme Court is that an unlicensed contractor who exceeds the statutorily defined maximum amount cannot enforce its contract with an owner and cannot force the owner to pay for the work performed, even if there are no construction defects. In addition, these regulations protect consumers from working with less-than-qualified contractors who in the past would prey on unsuspecting clients.

North Carolina Prompt Payment Overview

Prior to the licensing process, contractors were able to work under a variety of company names, assumed names, or as representatives of other companies. This allowed less-than-savory contractors to provide low-quality work, overcharge clients, and even take deposits and not return to complete the work.

When word spread about their questionable business practices, the contractor would simply change the name of the so-called business or work under a different name.

North Carolina home not built as it was promised? Here are your legal rights.

The requirement of a license has all but eliminated this practice. Another benefit of contractor licensing is that consumers have an entity to consult in the event of poor-quality workmanship, uncompleted projects, or a warranty issue.

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Contractors cannot disappear as they could in the past. The board maintains current contact records for contractors and is willing to assist consumers when there is an issue contacting a contractor who previously completed work or who has not completed a project.