Lawpedia USA

Driving a Lemon? South Carolina Lemon Law Has You Covered

South Carolina Lemon Law: Protecting Consumers

Buying a new car can be an exciting experience, but what happens when the car you just purchased is a “lemon”? A lemon is a term used to describe a defective vehicle that cannot be repaired.

Fortunately, if you live in South Carolina, you are protected by the South Carolina Lemon Law. In this article, we will discuss everything you need to know about the South Carolina Lemon Law.

Eligibility and Time Limit

To be eligible for protection under the South Carolina Lemon Law, your vehicle must be a passenger car, truck, or van with a gross weight of less than 10,000 pounds. The vehicle must also be used for household or family purposes and not for business or commercial purposes.

Additionally, the vehicle must have been purchased, leased, or registered in South Carolina, or if registered in another state, currently owned by a South Carolina resident. The time limit for filing a lemon law claim is one year from the date of delivery of the vehicle to the buyer or lessee or the first 12,000 miles of use, whichever comes first.

If the defect appears within the warranty period, the time limit for filing the claim is the remaining warranty period plus one year from the delivery date.

Used Vehicles

Used vehicles are also covered under the South Carolina Lemon Law, provided that the vehicle meets certain criteria. The vehicle must be less than two years old and have fewer than 24,000 miles on the odometer at the time of purchase.

Additionally, the vehicle must have been purchased from a licensed dealer and not from a private seller, and the purchaser must be the original owner. If you buy a used vehicle that meets these criteria and it turns out to be a lemon, you may be eligible for relief under the South Carolina Lemon Law.

The time limit for filing a claim is the remaining warranty period or one year from the date of purchase, whichever comes first.

Repair

If your vehicle has a nonconformity that impairs the vehicle’s use, safety, or value, and the manufacturer has made a certain number of repair attempts to fix the issue, you may be entitled to relief under the South Carolina Lemon Law. The number of repair attempts required depends on the severity of the nonconformity.

For example, if the nonconformity creates a serious safety hazard, the manufacturer may be entitled to only one repair attempt. The manufacturer must be given a reasonable number of attempts to repair the nonconformity before you can file a lemon law claim.

If the manufacturer is unable to repair the nonconformity after a reasonable number of attempts, you may be entitled to relief under the South Carolina Lemon Law.

Civil Settlement

Before filing a lawsuit against the manufacturer, you must first go through the arbitration procedure. The arbitration procedure is a process where an arbitrator reviews the facts of the case and makes a decision.

If the arbitrator finds in your favor, you may be entitled to either a replacement or a refund of the vehicle. If the manufacturer refuses to comply with the arbitration decision, you may file a lawsuit in civil court.

If the court finds in your favor, you may be entitled to additional compensation, including damages and attorney’s fees.

Compensation – Repurchase and Replacement

If the arbitrator or court finds in your favor, you may be entitled to either a replacement vehicle or a refund of the purchase price, less a reasonable deduction for use. The replacement vehicle must be identical or substantially similar to the original vehicle.

If you choose a replacement vehicle, you may be responsible for any collateral charges, such as taxes and registration fees. If you choose a refund, it must include all collateral charges, including taxes and registration fees, and a reasonable fee for the use of the vehicle.

Conclusion

In conclusion, the South Carolina Lemon Law is designed to protect consumers from purchasing defective vehicles. If your vehicle meets the eligibility criteria and has a nonconformity that impairs its use, safety, or value, you may be entitled to relief under the South Carolina Lemon Law.

If you find yourself in this situation, it is important to know your rights and to seek the advice of an experienced attorney. In conclusion, the South Carolina Lemon Law provides protection to consumers who purchase defective vehicles.

To be eligible for protection, the vehicle must meet certain criteria, and the manufacturer must have been given a reasonable number of repair attempts before a claim can be filed. Used vehicles are also covered under the law if they meet the eligibility criteria.

If a claim is successful, the consumer may be entitled to a replacement vehicle or a refund of the purchase price. It is important for consumers to know their rights and seek the advice of an experienced attorney if needed.

Overall, the South Carolina Lemon Law serves as an essential safeguard for consumers and can provide much-needed relief to those who have been impacted by a lemon vehicle.

Popular Posts