The South Carolina Lemon Law

The South Carolina lemon law aims to protect the owners or lessees of defective vehicles so that they have recourse to compensation from the manufacturer of their lemon vehicles.

Does the SC Lemon Law Protect All Vehicle Owners?

The lemon law in South Carolina covers the owners or lessees of any passenger vehicle, including cars, pickup trucks, vans and SUVs used primarily for personal, family or household purposes. The chassis and drivetrain of motorhomes (recreational vehicles, or RVs) are also included, but the living quarters are not covered.

The protection period lasts for 12 months from the original date of delivery, or 12,000 miles, whichever comes first.

The defect must substantially impair your use of or the safety of the vehicle, or substantially reduce its market value. And it must still exist after at least three repair attempts. Or the vehicle must have been out of service for repairs for a total of 30 calendar days or more.

The vehicle is not covered if the defect is due to abuse, neglect, an accident, or unauthorized modifications to the vehicle.

I Have a South Carolina Lemon. What's the Next Step?

Since your vehicle meets the above criteria, it can be considered a lemon. You can then inform the manufacturer of your claim. Send a letter, by certified mail, return receipt requested (or send by registered mail or express mail), outlining the problem and the steps taken to correct it, and demand a replacement or refund.

Photocopy all notes, repair orders and work invoices, and any supporting documentation and send them along with your letter. Remember to photocopy your letter and keep that copy for your records.

The manufacturer must, within 10 business days of receipt of your letter, inform you of a repair facility where you are to take the vehicle for one last repair attempt. The manufacturer then has 10 business days from receipt of your lemon to fix the defect.

If the defect remains unfixed after the final repair attempt, you can proceed with your claim.

Arbitration or a Law Suit?

If the manufacturer has an informal dispute resolution procedure, you must participate in it. The arbitration decision is binding on the manufacturer, but not binding on you, so you are free to file a law suit if you disagree with the arbitrator's decision.

If you choose to file a suit against the manufacturer, I recommend that you contact a lemon law attorney, a lawyer experienced with the South Carolina lemon law. If you win your case in court, you can receive all costs, including reasonable lemon law lawyer's fees.

Replacement or Refund? Which Is Best?

The South Carolina lemon law gives the manufacturer the right to choose your compensation. It can offer a comparable vehicle if one exists. Or it can offer you a full refund.

The refund must include the full purchase price, including the cost of dealer-installed options, sales taxes, license and registration fees, other government fees, and any financing charges you've paid. The refund must be paid to you and any lien holder of record.

The manufacturer is permitted to deduct a reasonable use fee based on the number of miles you drove the vehicle.

South Carolina Lemon Law Summary

The lemon law in South Carolina covers anyone who owns or leases a new passenger vehicle (including the chassis of motorhomes, but not the living quarters), for a period of 12 months or 12,000 miles, whichever comes first. Once you've reached three repair attempts or 30 calendar days off the road, begin your claim with the manufacturer.

The sooner you begin, the sooner you'll have your replacement, or, at the manufacturer's option, a refund.

NOTE:The information here is not legal advice and is only presented to you so you can know your options if you purchased a lemon. As with any legal issue, you should seek the advice of a qualified attorney.


Site Build It!

Lemon Law Types
Copyright © Lemon-Law-Types.com 2009-2010