South Carolina Lemon Law
Buying a new car is exciting. Finding out that your new car is defective is devastating. Consumer laws like the South Carolina lemon law can help. Here’s a summary of the law:
New cars: Yes
Used cars: No
Business vehicles: No
Leased vehicles: Yes
Lemon law period: 1 year/12,000 miles
What is a Lemon Car Under South Carolina Law?
Rhode Island lemon law covers new passenger vehicles, SUVs, vans, trucks under 10,000 pounds, and motorcycles that are sold or leased in Rhode Island. In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use or value of the vehicle
- Has manufacturer’s defects that occurred during the first year from the delivery date or 12,000 miles on the odometer (whichever period ends first)
- Has been taken in three times for the same problem or has been out of service for a cumulative total of 30 calendar days
- The manufacturer has been notified in writing of the defect before the expiration of the manufacturer’s warranty
- You have participated in the manufacturer’s informal arbitration program, if a certified one exists
- The vehicle is used for personal, family, or household purposes
South Carolina Code of Laws, Title 56, Sections 56-28-10 through 56-28-110 is the state’s lemon law.
Getting Lemon Justice: South Carolina Lemon Law Relief
South Carolina lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:
- The full purchase price
- Finance charges
- Sales tax
- License fees
- Registration fees
- Attorney’s fees
The amount of the monetary reward may be reduced by a deduction for your use of the vehicle, calculated by taking the mileage at the time you first brought the vehicle in for repair and dividing by 120,000, then multiplying that number by the purchase price.
Pursuing a SC Lemon Law Claim
If you want to pursue a claim under South Carolina’s lemon law, you must send a notification to the manufacturer before the end of your vehicle’s warranty period. You must send your letter by certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
You must also participate in the manufacturer’s informal dispute resolution process (if one exists) before you are eligible to file a lemon law claim in court. The arbitration decision is binding for the manufacturer, but not for you.
How We Can Help
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 15,000 people recover more than $35 million. You can read more about us here.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a South Carolina lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.