The Basics of the Lemon Law in South Carolina (SC)

When you purchase or lease a new personal vehicle in South Carolina and it has a defect that substantially impairs its use, value, or safety, you may be entitled to a refund or replacement. But before your car can be classified as a lemon, you must provide the manufacturer with a reasonable number of attempts to repair it.

If the manufacturer tries and fails to repair any single defect at least three times, the vehicle is a lemon. Similarly, if any number of repair attempts keep the vehicle out of service for a total of 30 days, it’s a lemon.

Does this sound like your car? If so, our South Carolina lemon law lawyers can help. We reach settlements for our clients in more than 99% of the cases we take without the need for a trial. Contact our law firm today for a Free Case Review so we can help you collect the compensation you’re owed.

South Carolina Lemon Law FAQs

FAQs About Your Lemon Law Rights

What types of defects are covered by lemon laws?

Most state lemon laws cover vehicles with a defect or non-conformity that substantially impairs the ...

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Most state lemon laws cover vehicles with a defect or non-conformity that substantially impairs the use, value, or safety of the vehicle. Every situation is unique and a defect that you might not ordinarily think is substantial, might very well be depending on how it affects you.

For instance, even something that is seemingly as minor as the illumination of a light on your dashboard might signify a larger problem. Or, something like a brake squeak might be substantial if it affects your use and enjoyment of the vehicle. And the federal Lemon Law applies to all warrantied defects, regardless of their effect on the vehicle.

FAQs About Your Lemon Law Rights

What is a ‘lemon’?

For a vehicle to be considered a lemon, it must meet certain requirements. While each state is diffe...

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For a vehicle to be considered a lemon, it must meet certain requirements. While each state is different, there are some general things that hold true across the board. At the most basic level, the vehicle needs to have some type of defect or non-conformity. And under most state laws, the defect must be covered by a warranty and be reported to the manufacturer within a specific timeframe and mileage limit.

However, the defect alone does not classify your vehicle as a lemon. Usually, the manufacturer must try and fail to repair the defect multiple times before the vehicle earns that distinction.

FAQs About Your Lemon Law Rights

What is a Lemon Law buyback?

If your vehicle qualifies as a lemon, the manufacturer will often be required to return the vehicle ...

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If your vehicle qualifies as a lemon, the manufacturer will often be required to return the vehicle and issue a refund. This is known as a Lemon Law buyback. The refund typically amounts to the full purchase price, with all taxes, fees, and financing charges, minus a usage fee.

The applicable state Lemon Law should define the maximum manufacturers can withhold as a usage fee. Many state lemon laws calculate the maximum usage fee based on the purchase price of the vehicle and the mileage driven before the first repair attempt. But every state is different. Thus, contacting a knowledgeable and experienced Lemon Law attorney is the most effective way to protect your rights.

South Carolina’s Lemon Law Process

Filing a claim under South Carolina’s Lemon Law is straightforward enough after you’ve been through the process. But if you’re dealing with your first lemon, it may seem overwhelming. Although we’ll help you every step of the way, we want to walk you through the process to ease your mind about what’s ahead of you. Keep reading to learn how we’ll defend your rights.

Once the manufacturer has tried and failed to repair your vehicle three times, you need to provide them with written notice of the defect and your desire to collect either a refund or replacement vehicle. Touch base with our lemon law attorneys in South Carolina if you need help doing so. If you have a case, we can craft the letter and send it on your behalf.

You must give the manufacturer one last chance to repair your vehicle at this point. From the date they receive your notice, the manufacturer has 10 business days to direct you to a reasonably accessible repair facility. Once you drop off the car, they have 10 more business days to fix it. If the issue persists, your vehicle meets all of the qualifications of a lemon.

Informal Dispute Settlement Procedures

Now that you know you have a lemon, you’ll need to prove as much to collect the compensation to which you’re entitled. But before you can file a claim in court, you need to try resolving the matter via your manufacturer’s informal dispute settlement procedure. Don’t let the name intimidate you, the informal procedure is just an arbitration board and our firm can handle representing you during the entire process.

To present your case for arbitration, you’ll need to gather all of the relevant documents. This typically includes the vehicle’s repair history or service log, sales documentation, and warranty paperwork. Gather whatever documents you have on hand and if anything is missing we can help you try to track it down.

In most cases, you won’t need to attend an actual hearing with the arbitration board. Simply providing them with documentation that shows a reasonable number of failed repair attempts should be sufficient. And once the arbitration board reviews your documents, they’ll issue a decision.

With a legitimate claim, the board should rule in your favor, instructing the manufacturer to take back the lemon and give you a refund or replacement. If you’re unsatisfied with the decision, you can choose to appeal it by filing a claim in court. However, more than 99% of our cases settle before going to trial. So it’s unlikely your case will ever go to trial even if you are dissatisfied with the board’s decision.

The South Carolina Lemon Law includes a fee-shifting provision that holds the manufacturer responsible for your attorney’s fees if you win your case. Thus, we’ll bill them for our services if you prevail, not you. And since we never charge unless we win your case or collect a settlement, there’s no reason to try taking on the manufacturer’s legal team alone.

So contact us today for a Free Case Review and let us defend your rights.

Why Choose Krohn & Moss, Ltd. Consumer Law Center®?

  • 25+ Years of Experience
  • Over 50,000 Success Stories Nationwide
  • Accomplished, Trustworthy Attorneys
  • No Fees Unless We Win Your Case
  • We Respond to All Inquiries within 24 Hours
  • We Always Seek Maximum Compensation for Clients

We know how frustrating it can be to deal with a lemon. If you’re reading this, you’ve no doubt endured too many trips to the dealership already. Rather than extending your frustration by dealing with the legal system, we can relieve you of that burden. When we decide to take on your case, we’ll handle almost everything so you can get back to living your life.

All we need from you is the paperwork you have concerning your car and its repair history. We’ll then notify the manufacturer of your desire to pursue a Lemon Law claim. In some cases, we can convince them to settle immediately.

Our goal is to get you the compensation you deserve as quickly as possible. With fewer than 1% of our cases ever making it to trial, we’re confident in our ability to do so. So don’t waste any more time on your lemon. Let us take over and, before you know it, we should have a favorable settlement ready for you to approve.

Take the first step now and reach out for a Free Case Review.

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