Most states have "lemon laws" that allow car buyers with a right to return their vehicles within prescribed time limits if their vehicles are defective. The South Carolina Department of Consumer Affairs is responsible for administering and investigating lemon law complaints from consumers. Consumers should review their bill of sale or contract to understand their legal rights. Manufacturers may require them to submit to an alternative dispute resolution proceeding before they are allowed to seek a refund or replacement.
New Cars
The South Carolina lemon law only covers new vehicle purchases, including cars, vans and trucks. The law does not cover commercial vehicles, motorcycles, off-road recreational vehicles or recreational vehicles. Only buyers of passenger motor vehicles can seek protection under the state's lemon law. The defect must be "substantial." It must impair the vehicle's market value, compromise passengers' safety or impair the potential use of the vehicle. Once car buyers discover the defect, they must provide the car manufacturer or car dealership with notice of the defect within the allowable warranty period. If the car buyer provides immediate notice after discovering the defect, and the notice is within the express warranty period, the manufacturer or dealership is required to attempt to repair the vehicle within a reasonable period of time.
Reasonable Time
Under South Carolina law, the presumption is that a driver has given the manufacturer or dealer a reasonable period to fix his vehicle if he has requested repairs at least three times for the same problem or defect. Alternatively, under South Carolina law, the car buyer has met her burden of proof that she provided the manufacturer or dealer with a reasonable opportunity to repair her vehicle if she was unable to use the car for at least 30 days because it was placed in service. The 30 days, according to the South Carolina law, do not have to be consecutive.
Refunds or Replacements
If the manufacturer or dealer cannot repair the consumer's vehicle, it must either replace the vehicle or cancel the bill of sale and return her money. According to the South Carolina lemon law, the manufacturer is given the ultimate decision-making authority to rescind or return the buyer's money. If the manufacturer decides to return the consumer's purchase price, it can deduct the reasonable costs of use but must return finance charges, taxes, registration fees and any other governmental fees.
Considerations
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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