Lemon Law In South Carolina: Effective Since?

South Carolina's lemon law, which became effective on October 3, 1989, applies to new vehicles purchased and registered in the state. It covers passenger motor vehicles, including cars, vans, small trucks, and motorcycles, that are used for personal, family, or household purposes. The law defines a lemon as a new motor vehicle with a substantial defect that impairs its use, value, or safety, which the manufacturer cannot repair within a reasonable time. Consumers with lemon vehicles in South Carolina may be protected under the state's lemon law, the federal lemon law, or both, and may be entitled to a refund, replacement, or cash compensation.

What is a lemon under the law?

In South Carolina, a lemon is defined as a new motor vehicle (passenger car, van, or truck) that meets the following criteria:

• It was bought on or after October 3, 1989.
• It has a defect that impairs its use or will lower its market value substantially.
• The manufacturer cannot repair the defect within a reasonable time.

The law presumes a reasonable amount of time to be either three repair attempts for the same defect or thirty days out of service for repairs. The 30 days do not have to be consecutive.

Additionally, the lemon law in South Carolina also applies to any new or used motor vehicle that meets the following criteria:

• It is normally used for personal, family, or household purposes and is not used for commercial or business purposes.
• It is designed to transport ten or fewer people.
• It weighs 9,000 pounds or less when empty and no more than 11,000 pounds when full.
• It has at least one defect or nonconformity that substantially impairs its use, value, or safety.

It is important to note that defects that do not substantially impair the vehicle's use, market value, or safety are not covered under the lemon law. Additionally, defects caused by the consumer's abuse, neglect, or unauthorized alteration are also not covered.

If you believe your vehicle is a lemon, you must notify the manufacturer (or its agent) of the defect during the term of the express warranty. The manufacturer must then make repair efforts at no cost to the consumer and within a reasonable amount of time. If the defect cannot be repaired, the manufacturer has the option to replace the vehicle or rescind the agreement and refund the money.

What is covered by the law?

The South Carolina Lemon Law covers new motor vehicles, including passenger cars, vans, trucks, motorcycles, and motorized recreational vehicles. The law applies to vehicles purchased or leased in South Carolina that are used for personal, family, or household purposes. It does not cover commercial vehicles or those used primarily for business.

To be covered by the law, the vehicle must have a defect that significantly impairs its use, value, or safety. This defect must occur within the first 12 months or 12,000 miles of ownership, whichever comes first. The manufacturer must be unable to repair the defect within a reasonable amount of time, typically defined as three repair attempts for the same issue or 30 days out of service for repairs.

The law also specifies that defects caused by consumer abuse, neglect, or unauthorized alterations are not covered. Additionally, the issue must be reported to the manufacturer during the term of the express warranty, and the manufacturer must be given the opportunity to repair the defect at no cost to the consumer.

The South Carolina Lemon Law provides consumers with certain rights and protections if they find themselves with a covered "lemon" vehicle. Consumers may be entitled to a refund, replacement vehicle, or cash compensation for the diminished value of their vehicle. It's important to note that used vehicles are generally not covered by the South Carolina Lemon Law, but consumers can still file a complaint with the Department of Consumer Affairs if they have issues with a used vehicle.

What to do if a defect is discovered?

If you discover a defect in your vehicle, there are several steps you should take to protect your rights under South Carolina's Lemon Law. Here is a detailed guide on what to do if you find yourself in this situation:

First and foremost, it is crucial to notify the manufacturer (or their agent) of the defect as soon as possible. This notification must be given during the term of the express warranty, and it is advisable to provide it in writing. Inform them of the specific issues you are experiencing with your vehicle and request that they address the problem.

The manufacturer is then obligated to make repair efforts at no cost to you within a reasonable amount of time. Under South Carolina's Lemon Law, a "reasonable amount of time" is defined as either three attempts to repair the same defect or the vehicle being out of service for repairs for a total of thirty days within the first year or 12,000 miles after purchase. These thirty days do not need to be consecutive.

If the manufacturer is unable to repair the defect within the specified time frame, they have one final opportunity to resolve the issue. They are required to make an additional repair attempt within ten business days after delivering the vehicle to the designated repair shop.

If this final repair attempt is also unsuccessful, the manufacturer has two options: they can either replace the vehicle with a comparable make and model, or they can rescind the agreement and provide you with a refund. If they choose to refund you, it must be for the full purchase price of the vehicle, including applicable fees and taxes, minus a reasonable allowance for your use of the vehicle.

Before requesting a refund or replacement, you must participate in any arbitration procedure established by the manufacturer, known as an "informal dispute settlement procedure." This process must be free for the consumer and should generally settle the dispute within 40 days.

If you are unsatisfied with the outcome of the arbitration, you have the right to take further legal action by filing a lawsuit in court. The court has the discretion to award attorney's fees, so it may be beneficial to consult with a lawyer who specializes in Lemon Law to guide you through the process and protect your rights.

It is important to keep detailed records throughout this process, including documentation of repair attempts, correspondence with the manufacturer or dealer, and any other relevant information. Additionally, be sure to carefully read and understand your warranty, as well as any other documentation related to your vehicle.

What happens if the manufacturer can't repair the defect?

If a defect in a vehicle covered by South Carolina's lemon law cannot be repaired, the manufacturer has one final opportunity to repair the defect within 10 business days of the vehicle being delivered to the repair shop designated by the manufacturer. If this final attempt is also unsuccessful, the manufacturer must either replace the vehicle or refund the purchase price, minus a reasonable allowance for the consumer's use of the vehicle prior to the date the problem was reported. The refund must include all applicable finance charges and government fees, such as sales tax, license fees, and registration fees.

Before requesting a refund or replacement, consumers must participate in any arbitration procedure established by the manufacturer, known as an "informal dispute settlement procedure". This procedure must be free of charge to the consumer, free from the manufacturer's influence, and must include requirements for consumer notification. The procedure should generally settle the dispute within 40 days, and the decision is binding on the manufacturer. If the consumer is still unsatisfied after arbitration, they can file a lawsuit in court.

What to do if mediation is unsatisfactory?

The South Carolina Lemon Law, also known as the South Carolina Automotive Warranty Enforcement Act, protects consumers who have purchased a new or used vehicle that has recurring defects or issues that cannot be fixed by the manufacturer within a certain period.

If you are unsatisfied with the outcome of mediation, you can file a lawsuit. Here is a list of steps you can take if mediation is unsatisfactory:

File a Lawsuit

If you are unsatisfied with the outcome of mediation, you can file a lawsuit against the manufacturer. This process may be time-consuming and may require an in-depth knowledge of the law, so it is recommended that you hire a lawyer to help you with your case.

Hire a Lawyer

Hiring a lawyer can help you better understand your options and how to proceed with your case. A lawyer with experience in similar cases can guide you through the legal process and protect your claim from being rejected. In some cases, attorney fees may be reimbursed if your claim is successful.

Gather Documentation

It is important to keep detailed records of all repairs and correspondence with the manufacturer to support your claims. Keep all paperwork concerning your car, including registrations, warranties, repair receipts, and other relevant documents. Make a list of names and phone numbers of all contacts you have regarding repairs to your car.

Contact the South Carolina Department of Consumer Affairs (DCA)

If all else fails and you are still unsatisfied with the outcome, you may file a complaint with the South Carolina Department of Consumer Affairs (DCA). The DCA handles complaints from consumers regarding vehicle defects and assists in negotiations between the consumer and the manufacturer. You can print a copy of the complaint form on the DCA website, which will outline the documentation you will need to provide.

Seek Alternative Dispute Resolution

Before taking legal action, you may want to consider alternative dispute resolution procedures, such as contacting the Better Business Bureau (BBB) or a consumer action board. These organizations can help resolve complaints and mediate between consumers and businesses.

It is important to note that each case is unique, and you should consult with a lawyer to determine the best course of action for your specific situation.

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