Are mobile homes protected by North Carolina's Lemon Law?

Full question:

Are mobile homes covered under the Lemon Law in NC? I bought a double wide 12 years ago and because of problems with silent leaks d/t manufacturing problems I now have black mold problems. Do I have any legal rights?

• Category: Warranties
• Date: 04/07/2025
• State: North Carolina

Answer:

The Lemon Law does not apply to mobile homes that weigh more than 10,000 pounds. Mold issues can be challenging to prove due to the lack of clear standards regarding mold. Important factors include the cause of the mold, whether proper inspections were conducted, if any problems were previously identified, and the adequacy of any corrective actions taken. Additionally, insurance policies may exclude mold coverage, so it’s advisable to check with your insurer about this.

In North Carolina, there is an implied warranty of workmanlike construction that applies to new dwellings, including manufactured homes. This warranty requires builders to ensure that homes are free from major structural defects and built to local quality standards. However, it only covers latent defects—those not visible or discoverable through reasonable inspection at the time of closing. If you accepted the home with obvious defects, this warranty may not apply.

You can file a claim under this implied warranty for up to three years after discovering a latent defect, but a statute of repose limits claims to six years after closing, unless gross negligence is proven. If the home was occupied by the first purchaser and the defect is latent, you may have up to six years from substantial completion to file a claim.

Manufactured homes are required by statute to have warranties. Each manufacturer, dealer, and supplier must provide a warranty for at least twelve months from delivery, covering structural elements and systems like plumbing and electrical. If the home was not new or if fraud was involved in the sale, this may also affect your rights.

For any claims regarding defects, it’s important to consider whether a home inspection was performed and what it revealed. Home inspectors may not be liable for defects that were not visible or accessible at the time of inspection. If a seller provided warranties or disclosures, those may also impact your legal options. Fraud claims require proof of intentional misrepresentation or omission of material facts.

In summary, while the Lemon Law may not apply, you may have rights under the implied warranty of workmanlike construction or through warranties specific to manufactured homes. Consulting with a legal professional can help clarify your situation.