- Lemberg Law
- Lemon Law Lawyer – How the Attorneys at Lemberg Law Can Help
- Lemon Law in your State
- South Carolina Lemon Law Info – SC Lemon Law Attorneys
What is the Lemon Law in South Carolina?
In the state of South Carolina, if your vehicle is determined to be a lemon, you are entitled to a refund of your money minus a deduction for mileage from the mileage at the first repair, and the manufacturer also pays off your loan, and you return the vehicle to the manufacturer. Or in the alternative, you’re entitled to a replacement vehicle. You’d be entitled to a new vehicle in place of your current vehicle, and there’s also the possibility of cash compensation where you keep your vehicle. In all of those instances, the manufacturer’s required to pay the attorney’s fees as well.
What vehicles Are Covered Under the South Carolina Lemon Law?
South Carolina lemon law covers new passenger vehicles, SUVs, vans, trucks under 10,000 pounds, and motorcycles that are sold or 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 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.
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Does the South Carolina Lemon Law apply to used cars?
Typically a vehicle that is purchased used may still qualify as a lemon if it was purchased and the problems occurred while the vehicle was still under the manufacturers new car warranty or possibly covered by a certified pre-owned warranty or extended warranty. Finally it should be noted that a used vehicle that is purchased as is and without a warranty cannot qualify as a lemon under the SC Lemon Law.
Getting Lemon Justice — Relief Under South Carolina Law
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.
Hiring a Lemon Law Lawyer in South Carolina
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.
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 lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.
What Happens When You Hire a Lemon Law Lawyer?
A good lemon lawyer will work on your behalf to get the compensation to which you’re entitled – typically in the form of a refund, a replacement vehicle, or a cash settlement. Your Lemon Law attorney will ask you for all of your records, such as repair orders and correspondence, that pertain to your lemon. Your lawyer will conduct a thorough investigation of your vehicle’s repair history, then present the manufacturer with a statement outlining your case and demanding full recovery. More often than not, the manufacturer will settle; if not, though, your Lemon Law attorney should be prepared to sue the manufacturer. Your lawyer should be able to resolve your case within one to two months.