What makes a car a lemon, according to South Carolina lemon law?

A lemon is a new motor vehicle (car, truck, or van) that meets these three conditions:

• 1. If the vehicle was bought on or after October 3, 1989
• 2. If the vehicle has a defect that hinders its use or lowers its market value considerably
• 3. If the vehicle's defect can't be repaired within a reasonable time by the manufacturer.

When did South Carolina's lemon law become effective?

Lemon law in South Carolina became effective back on October 3, 1989.

Does South Carolina lemon law cover new and used motor vehicles?

No. It only covers new passenger motor vehicles (cars, small trucks, and vans).

What is not covered by South Carolina lemon law?

Vehicle defects which do not considerably impair the vehicle's use, safety, or market value are not covered. Also not covered are defects caused by the consumer's neglect or unauthorized alteration of the car, or defects that do not show within the first 12,000 miles or 12 months (whichever happens first).

What do I do if I find out that my new car has a defect?

Please tell the vehicle manufacturer (or its agent) of the defect while the express warranty is still active. The manufacturer then has to make any repair efforts within a reasonable amount of time (at no cost to the consumer). The lemon law presumes a reasonable amount of time as either 3 repair attempts for the same defect or 30 days out of service for repairs. The thirty days do not necessarily have to be consecutive.

What exactly happens if the manufacturer is unwilling or unable to repair the defect?

If the defect can't be repaired, the manufacturer can either replace the vehicle or refund the money. If the manufacturer chooses to rescind the agreement and refund the money, the refund has to be for the full purchase price of the vehicle, minus a reasonable allowance for the consumer's use. The full vehicle purchase price includes all applicable finance charges, plus all governmental fees (registration fees, sales tax, and license fees).

Steps to Get a Refund or Replacement Vehicle

1. Go through any arbitration procedure the manufacturer has established. This is known as an "informal dispute settlement procedure." This must be free from the manufacturer's influence, lay out the requirements for consumer notification, be free for the consume, and usually settle the dispute within forty days.

What can the consumer do if they are not satisfied with the dispute settlement?

The consumer can then file suit in the courts. Consumers should make sure that they buy cars from reputable dealers and carefully read the warranty. Also, they should save all documentation having to do with their car or any repair work for it.

If you have problems with your new vehicle you should write down: a description of defects, a log of the amount of time the car was out of service, details of contacts, and written records of routine vehicular service.

If South Carolina lemon law doesn't cover my new car, and my car is messed up, what can I do?

The general law of sale (including warranty law) may still apply to your vehicle. Also, remember that you can always file a complaint with the S. C. Department of Consumer Affairs.