Lemon Law Basics: South Carolina Lemon Laws
Summary of South Carolina Lemon Law
What vehicles are covered under South Carolina lemon law?
South Carolina lemon law covers private motor vehicles that are designed
to carry less than ten people or trucks which are rated at less than 7,000
pounds empty and 9,000 pounds loaded. The vehicular portions of motor
homes are also included. Off-road vehicles and motor cycles are not covered
under South Carolina lemon law.
What protections do I have under South Carolina lemon law?
South Carolina lemon law says that if a consumer notifies the manufacturer
that a vehicle has a serious defect covered under warranty, and this notification
is made within the first year of possession or 12,000 miles, the manufacturer
must repair the vehicle. A serious nonconformity impairs the vehicle's
use, safety, or value. The manufacturer is not liable for nonconformities
caused by abuse, neglect, or modification after sale.
If the manufacturer is unable to repair the nonconformity after a reasonable
number of attempts, the vehicle must be replaced or repurchased at the
choice of the manufacturer.
What must occur before seeking settlement under the South Carolina
lemon law?
South Carolina lemon law presumes that the manufacturer has had a reasonable
chance to repair the vehicle after three unsuccessful attempts to repair
the same nonconformity, or a cumulative total of 30 calendar days when
the vehicle was out of commission for repairs.
After the manufacturer has had a reasonable chance to repair the nonconformity,
South Carolina lemon law requires that the consumer notify the manufacturer
in writing that the nonconformity still exists. The manufacturer then
has ten days to notify the consumer of a repair location, and ten more
days to complete a final chance to repair the problem.
Filing a claim under South Carolina lemon law
South Carolina lemon law states that a consumer must attempt to reach
a resolution through the manufacturer's informal settlement process or
another consumer dispute board before bringing a lemon law claim to the
judiciary system. Claims must be filed within three years of vehicle ownership.
What are the settlement details under South Carolina lemon law?
If a car is repurchased under South Carolina lemon law, the manufacturer
must pay a sum which includes the full purchase price of the vehicle and
all government charges such as tax, tags, and registration. This sum may
be offset by an amount for the consumer's use of the vehicle. This offset
is calculated by dividing the number of miles on the vehicle when the
nonconformity was first reported by 120,000 and multiplying the result
by the purchase price.
If a vehicle is replaced under South Carolina lemon law, the new vehicle
must be similar to the original, and no usage offset may be levied.
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