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South Carolina

Leased Vehicle Lemon Law in South Carolina

South Carolina Lemon Law covers new leased vehicles, SUVs, vans, and trucks under 11,000 pounds that are leased in South Carolina. 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, safety, 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 one exists
  • The vehicle is used for personal, family, or household purposes

Under South Carolina Lemon Law, you must notify the manufacturer of your vehicle's problem before your express warranty expires. Sample demand letter. 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.

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:

  • Lease payments
  • 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.

Wherever you are in the Lemon Law claim process, it is generally in your best interest to have an attorney represent you. After all, vehicle manufacturers have teams of lawyers that do nothing but fight Lemon Law claims. As you consider your options, imagine the difference between going up against a team of lawyers on your own, versus having a Lemon Law attorney speak on your behalf. Also keep in mind that being represented by a Lemon Law attorney won't cost you a dime if you go to court; the law says that the car manufacturer has to pay your attorney's fees in successful Lemon Law claims.

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