Interesting Facts

Relevant dates in South Carolina "Lemon Law" history

Every state in the country (and the District of Columbia) has passed its own lemon law.  The first lemon law became took effect in Connecticut in 1982.  The final state lemon law to take effect was in Alaska in 1994.

1975 – Congress passes the Federal Magnuson-Moss Warranty Act
1989 – The South Carolina lemon law takes effect
1996 – Amendments to the South Carolina lemon law take effect
2005 – Additional minor amendments to the South Carolina lemon law take effect

Statistics

Have you ever wondered if others are having the same major issues with your car as you are? It may be difficult for you to find stats answering that question, so this is something that is often asked during consultations. We would like to share some statistics that we have compiled, covering the percentage of the overall total closed and open lemon law and breach of warranty cases we have handled, since the inception of our firm, through the end of 2010. You will need to take into consideration that these numbers are influenced by the number of vehicles sold by the U.S. manufacturer s. For example, General Motors has a greater market share in the U.S. than Suzuki.

From the results posted below, you can see we have represented clients owning vehicles from a wide range of manufacturers. During the process of working on the cases from which these numbers have been derived, you can see how we developed and maintained relationships with the people who handle consumer lemon law claims for the manufacturers. Dealing with all of these manufacturer’s attorneys has now become second nature to us. Since we have successfully handled thousand’s of lemon law cases, let us put our experience to work for you. It does not matter if it is motorcycle, camper, boat, car, truck, recreational vehicle, ATV or other consumer product – we can help. Call us today at (877) 846-1209 or fill out our free lemon case review form.

Common rights that consumers may have pertaining to “Lemons”

In general, South Carolina consumers have the right, under the state lemon law, to have their vehicles repaired correctly at no cost to them, just as the manufacturer states in its warranty book. The repairs must be made, even if the warranty term has expired, if the problem was first reported during the applicable lemon law period. In addition, under the South Carolina lemon law, any defect or condition in a motor vehicle which is first reported to the manufacturer during the applicable lemon law time frame, and which substantially impairs the vehicle’s use, market value or safety, must be repaired within a reasonable number of attempts. If the manufacturer cannot correct the defect or condition within a reasonable number of repair attempts, then the consumer is entitled to choose either a comparable replacement vehicle or a refund of the “full purchase price” (as defined by the lemon law).

The South Carolina lemon law also contains “presumptions”, which help define what the legislature considered to be a “reasonable” number of repair attempts. The two South Carolina lemon law presumptions are three repair attempts for the same nonconformity which continues to exist after the three repair attempts, and 30 or more calendar days out of service by reason of repair during the express warranty. Each of these presumptions must be met within the first 12 months following the date of purchase by the consumer or during the first 12,000 miles of operation, whichever occurs first.

Other laws which relate to the purchase and repair of motor vehicles can provide additional rights to aggrieved consumers. Even if your vehicle does not qualify for relief under the South Carolina lemon law, we may still be able to help you in enforcing your rights under one of these other laws. These statutes include the Federal Magnuson-Moss Warranty Act, the local state version of the Uniform Commercial Code (breach of warranty), consumer fraud laws, odometer disclosure laws and unfair and deceptive business practices laws. When we handle a motor vehicle claim for a consumer, alleging all appropriate legal violations related to the purchase or repair of the vehicle can provide the best possible chance of a recovery for the consumer.

In South Carolina, it is also illegal for vehicle manufacturers to attempt to charge back to their dealerships the cost of any vehicle refunds or replacements incurred by the manufacturers under the lemon law. The law makes it clear that liability is to be imposed upon the manufacturers only, bit an exception could exist if the dealership did not carry out repairs in accordance with the manufacturer’s published instructions. In addition, every manufacturer is required to provide a written summary of all motor vehicles repurchased or replaced under the South Carolina lemon law at least once every year. Finally, strict rules are imposed upon manufacturers who wish to sell a vehicle which was repurchased or replaced under the lemon law. One of these requirements is that every subsequent purchaser must be notified in writing of the fact that the vehicle was required to be repurchased under the South Carolina lemon law. The subsequent retail purchase must also receive a warranty covering the vehicle for one year or 12,000 miles, including the component which related to the lemon law claim for repurchase. Notification must also be provided to the Department of Consumer Affairs.

There are many different issues which can have an impact upon a consumer’s right to a recovery under the South Carolina lemon law, such as the nature of the defects in your vehicle and the number of times they recurred after repair, the extent of any cooperation by the vehicle manufacturer and the servicing dealerships, how much you are able to use the vehicle, whether the defects pose any serious safety concerns, etc. To find out how we can help you, call us at (877) 846-1209 and speak to an experienced lemon law attorney, or fill out our form for a free lemon case review.