For many years, car salesmen have gotten a bad rap. Some of that is
obviously deserved. It's hard to explain why buying a new car is such a
time consuming process. The forms seem simple enough and yet most
buyers can't escape without spending at least 4 to 5 hours at the
dealership. Does it have to be that complicated?
There was a time when auto dealerships were accustomed to the "as is"
kind of business. In other words, the car you bought had to be accepted
"as is." If it broke down, that would be your problem. Warranty deals
changed this attitude, but that doesn't mean a few lemons still don't
sneak through.
The South Carolina Lemon Laws have been on the books since 1989. You
can look up the legalese under the South Carolina State Statues Title
56, Chapter 28. Enforcement of Motor Vehicle Express Warranties.
Translation: if you're stuck with a lemon, you can get a refund.
South Carolina Lemon Law Conditions
To be classified as an official lemon under the South Carolina Lemon
Laws, the motor vehicle needs to be a new purchase. This law defines a
motor vehicle as any passenger car, van or truck. That vehicle also
needs to have a serious defect that prohibits the use of the car or
greatly decreases its Kelly Blue Book value.
The kind of defect covered under this statue has to be a manufactured
one. In other words, if you drove the car into a ditch or ran it
without water in the radiator, those repairs would come out of your
pocket. There is also a statute of limitations with regard to when you
can apply for a lemon law refund. The defect with your the car needs to
have occurred within the first year of ownership or the first 12,000
miles of use; whichever comes first.
South Carolina Lemon Law Remedies
If something breaks down on your car that is the manufacturer's fault
then you first need to officially notify that car maker and give them
the opportunity to make the fix. This should be at no cost to you and
within a reasonable amount of time. In terms of this law, a "reasonable
amount of time" is defined as at least three tries at making the fix.
If your car has been in and out of the shop for at least 30 days you
could qualify for the refund. Keep in mind, that those thirty days
don't necessarily all have to be in a row, but they can add up over the
course of several weeks.
When it has been determined that a fix can't be made, congratulations:
you have an official lemon. At that point, it becomes the
manufacturer's choice whether to provide you with a replacement vehicle
or offer a refund and cancel the contract. If a refund is the choice,
then the automaker can deduct an appropriate amount for your use of the
car during the time you could actually drive it. That refund is
obligated to include any additional taxes or registration fees.
Lemon Law Arbitration
In South Carolina, before you can get a refund or a new car you'll have
to go through an informal dispute settlement. This is set up to make
sure both sides have complied with the law. You'll have to prove you
made all your proper notifications to the automaker and they'll have to
prove that they took all measures to attempt a fix.
The final ruling of this mediation will determine what you'll be
entitled to. If the ruling occurs and you're not satisfied, then you
can file a civil suit to seek additional remedies.