Lemon Law

Like most states, South Carolina passed a Lemon Law in 1989. A “lemon” is a car, purchased new, that is considered faulty after meeting the following guidelines:

1. It does not meet the written warranty from the manufacturer in the first 12 months or 12,000 miles

2. It has some sort of defect that lowers its market value by a significant margin or prevents it from being used

3. The manufacturer cannot repair the car within a reasonable time frame.

If an individual believes their car may qualify under the Lemon Law, they must contact the manufacturer, not the dealership where they purchased the vehicle. The manufacturer is responsible for the car. They must make repairs to the car, at no cost to the owner, within a reasonable amount of time. There are no set standards, but typically this means three repair attempts or 30 total days of the car being out of use.

If the car is still not fixed after the repair attempts, the manufacturer must replace the car or refund the purchase price to the owner, minus the time and mileage already placed on the car. This includes taxes and fees paid by the owner. During the time between the car repair and the request for a refund or replacement, the owner must participate in an arbitration process offered by the manufacturer. This is a free process that is used to solve the problem. If the owner is not satisfied with the outcome, they can contact the South Carolina Department of Consumer Affairs (DCA). The DCA also keeps an updated list of businesses who have a poor history with responding to complaints.

Many owners find it helpful to contact an attorney. To be prepared for a lawsuit, the owner should take care to document everything about the car including the registration, warranties, repairs, and any other paperwork. They should also get contact information for everyone who works on the car and everyone they speak with at the manufacturer’s office. The owner should also keep a record of all the time that the car is under repair and therefore not being used.