What Defects Are Not Covered Under The Lemon Law?

Mon, 04 Jun 2007 21:51:22 GMT

Defects which do not substantially impair the vehicle`s use, market value or safety are not covered. Also not covered are defects caused by the consumer`s abuse, neglect or unauthorized alteration of the car, or defects that do not show within the first 12,000 miles or 12 months, whichever occurs first.

Does South Carolina Have A Used Car Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

How Does The South Carolina Lemon Law Define A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

The law defines a lemon as a new motor vehicle (passenger car, van or truck) that:

was bought on or after October 3, 1989;
has a defect that impairs its use or will lower its market value substantially; and
which the manufacturer cannot repair within a reasonable time.

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

Passenger motor vehicles including cars, vans, and small trucks.

3 repair attempts or 30 calendar days out of service

1 year or 12,000 miles.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

How Should I Prepare For Mediation?

Tue, 29 May 2007 21:19:00 GMT

Be sure to read the warranty carefully and save all documentation related to the car and to any repair work for their records. You should also keep the following records: a description of defects and details of contacts (including the date and name of the person with whom you spoke); a log of the amount of time the car was out of service and complete written records of routine service.

If I Discover A Defect What Do I Need To Do?

Tue, 29 May 2007 21:19:00 GMT

You must notify the manufacturer (or its agent) of the defect during the term of the express warranty. The manufacturer must make any repair efforts at no cost to the consumer and within a easonable amount of time. The law presumes a reasonable amount of time to be either three repair attempts for the same defect or thirty days out of service for repairs. The 30 days do not have to be consecutive.

If My Vehicle Is Not Covered Under The Lemon Law, Do I Still Have Any Recourse?

Mon, 04 Jun 2007 21:51:22 GMT

Possibly. The Uniform Commercial Code, MagnusonMoss Act and other warranty laws may still apply. You can also file a complaint with the South Carolina Department of Consumer Affairs. Check with your attorney to see what options are available to you.

What Can I Do If I Am Not Satisfied With The Mediation Decision?

Mon, 04 Jun 2007 21:51:22 GMT

If you are unsatisfied with the decision reached by mediation, you can file suit in the courts.

What Do I Need To Do To Get A Refund Or Replacement Vehicle?

Tue, 29 May 2007 21:19:00 GMT

Before you request a refund or replacement you must first participate in any arbitration procedure the manufacturer may have established. This type mediation is know as an informal dispute settlement procedure. The decision reached by mediation is not binding on the consumer, only the manufacturer. The informal dispute settlement procedure must:

set up requirements for consumer notification;
be free from the manufacturer`s influence
be free of charge to the consumer;
generally settle the dispute within 40 days

What Happens If The Manufacturer Is Unable To Repair The Defect?

Tue, 29 May 2007 21:19:00 GMT

If the defect cannot be repaired, the manufacturer has the option of whether to replace the vehicle or rescind the agreement and refund the money. If the manufacturer elects to rescind the agreement and refund the money, the refund must be for the full purchase price of the vehicle, less a reasonable allowance for the consumer`s use. The full purchase price includes: 1) applicable finance charges and 2) all governmental fees, such as sales tax, license fees and registration fees.

Where Can I Get More Information About The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

South Carolina Department of Consumer Affairs
2801 Devine Street
Columbia, SC 29205
8037349452 or 8009221594 (instate only)
South Carolina State Bar Association
Lawyer Referral Service
8008682284 (statewide) or 8037997100
www.scbar.org/Lawyer_Referral_Service/lawyer_referral_service_online.htm

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
www.autosafety.org
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (http://cartalk.cars.com/Tools/carreport.pl) on your car, to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW, Washington, DC 20590
Auto Safety Hotline: 8004249393
NHTSA can give you information on the safety recall history of your vehicle.

Free Lemon Law Attorney FAQs

Thu, 26 Nov 2009 14:14:35 GMT

Free Lemon Law Attorney FAQs