How to Identify a Lemon?

You probably know that South Carolina (like every state) has a lemon law, but most people do not know how to determine whether their vehicle would qualify for relief. Our experienced lemon law attorneys can provide a free review of your vehicle’s repair history to see whether you might qualify to pursue a lemon law claim (or a claim under a related applicable law). Simply as a broad general guideline, we are interested in reviewing your vehicle’s repair history if it was purchased or leased new (or used but it was still under warranty when you purchased or leased it), and:

• it has been repaired at least 3 times for the same problem, OR
• it has been in the shop for repairs for a total of 30 days or longer, OR
• it has been repaired at least 8 times total for the same problem or different problems

The simplest method to find out if your vehicle might be a “lemon” is by calling us at (877) 846-1209 to speak with one of our experienced lemon law lawyers, or fill out our online form for a free lemon case review . Even if you think your situation may not meet the requirements for relief under the South Carolina lemon law, you have nothing to lose by calling us, except of course for that lemon parked in your garage. There can be exceptions to these guidelines in some instances and there are other laws which afford consumers rights for defective vehicles or consumer products. Our review of your vehicle’s history is always free, regardless of whether you ultimately become our client.

TYPES OF VEHICLES COVERED:

The South Carolina lemon law applies to all new “motor vehicles,” which means private passenger motor vehicles, except for the living portion of a motor home or RV and any off-road vehicles. What does that really mean? Any vehicle designed for transportation of ten or fewer people and trucks with an empty weight of 9,000 pounds or less, but not motorcycles and other two and three-wheel vehicles. However, if you purchased or leased a used car which came with a warranty, or one of the excluded vehicle types of vehicles listed above, all hope is not lost! You may still qualify for relief under the Federal Magnuson-Moss Warranty Act. The Warranty Act covers all consumer products sold in in this country with a price of more than $10 and which were came with a warranty. The Warranty Act is most frequently used for cases involving motor vehicles, but our experienced lemon law attorneys have handled cases under the Warranty Act involving motorcycles, motor homes and RV’s, travel trailers, campers, boats (both small and large), personal watercraft (e.g. Jet-Ski’s), scooters, ATV’s (four-wheelers and the like), refrigerators, computers, washer/dryer sets, televisions and other consumer products.

Business vehicles are normally excluded as well unless it is used as your personal vehicle too. Only a “consumer” is able to pursue a case under the South Carolina lemon law, which generally means someone who purchased or leased a motor vehicle normally used for personal family or household purposes, unless the vehicle was purchased for purposes of resale. Still, our attorneys have handled many commercial and business vehicle cases in the past under state versions of the Uniform Commercial Code. Please feel free to call our attorneys at (877) 846-1209 to discuss how we may be able to help you with your commercial vehicle problems, or fill out our form online for a free case review .

LEMON LAW COVERAGE PERIOD:

The South Carolina lemon law, like all lemon laws, has a specific period of time after the date of first issuance of title for the vehicle (the date of original delivery to the first consumer) during which the consumer can qualify for possible relief. The period covered by the South Carolina lemon law is 12 months following the date of original delivery or the first 12,000 miles of operation, whichever comes first.

There can be exceptions to come of the general lemon law rules. However, even if the dates or mileage at the time of the repairs to your vehicle does not qualify you for relief under the South Carolina lemon law, you also may still qualify under the Federal Magnuson-Moss Warranty Act . For example, you may have bought a car that was more than one year old, but at the time it was still covered by the manufacturer’s warranty, or the first repair to your vehicle might have been after 12,000 miles but you still had multiple repairs done under the warranty. In these situations, you may still be able to pursue a claim under the Warranty Act. As always, the best way to find out how our experienced lemon law attorneys can help you is to call us at (877) 846-1209, or fill out our online form for a free lemon case review .

LEMON LAW REPAIR ATTEMPT PRESUMPTIONS:

The South Carolina lemon law states that the manufacturer (or its agents, dealerships, etc.) must repair any defect or condition in your vehicle (which has been reported within the lemon law time frame discussed above) within a “reasonable” number of attempts. “Reasonable” is a word which is used very often throughout many areas of the law in a number of different contexts. To clarify what establishes a “reasonable” number of attempts, the South Carolina legislature provided guidance through the use of “presumptions.” It is important to note, however, that you do not have to meet one of these presumptions to be able to pursue a case under the lemon law if the number of attempts to repair your vehicle was unreasonable. Under the South Carolina lemon law, it is presumed that the manufacturer or its agents have failed to repair your vehicle within a “reasonable” number of attempts if, during the first 12 months or 12,000 miles following original delivery, either of the following circumstances apply:

• The same nonconformity (defect) has been subject to repair 3 or more times but it continues to exist after the 3rd repair opportunity; OR
• Your vehicle is out of service for a cumulative total of 30 or more calendar days during the term of the express warranty.

Not every problem with a vehicle will always qualify for relief under the South Carolina lemon law. The nonconformity must “substantially impair the use, market value or safety” of the vehicle. This was meant to except from the South Carolina lemon law very minor or insignificant “fit and finish” type problems which do not substantially impair the use, market value or safety of your vehicle.

Even if your vehicle’s history does not meet either of the presumptions above, or if you think the defects in your vehicle may be minor, we might still be able to help you. Before you simply accept that you are stuck with a lemon, let one of our experienced lemon law attorneys review your situation. All you need to do is call us at (877) 846-1209 for a free review of your situation by one of our lawyers, or fill out our online form for a free lemon case review .