South Carolina Lemon Laws

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What vehicles are covered under South Carolina lemon law?
South Carolina lemon law covers private motor vehicles that are designed to carry less than ten people or trucks which are rated at less than 7,000 pounds empty and 9,000 pounds loaded. The vehicular portions of motor homes are also included. Off-road vehicles and motor cycles are not covered under South Carolina lemon law.

What protections do I have under South Carolina lemon law?
South Carolina lemon law says that if a consumer notifies the manufacturer that a vehicle has a serious defect covered under warranty, and this notification is made within the first year of possession or 12,000 miles, the manufacturer must repair the vehicle. A serious nonconformity impairs the vehicle's use, safety, or value. The manufacturer is not liable for nonconformities caused by abuse, neglect, or modification after sale.

If the manufacturer is unable to repair the nonconformity after a reasonable number of attempts, the vehicle must be replaced or repurchased at the choice of the manufacturer.

What must occur before seeking settlement under the South Carolina lemon law?
South Carolina lemon law presumes that the manufacturer has had a reasonable chance to repair the vehicle after three unsuccessful attempts to repair the same nonconformity, or a cumulative total of 30 calendar days when the vehicle was out of commission for repairs.

After the manufacturer has had a reasonable chance to repair the nonconformity, South Carolina lemon law requires that the consumer notify the manufacturer in writing that the nonconformity still exists. The manufacturer then has ten days to notify the consumer of a repair location, and ten more days to complete a final chance to repair the problem.

Filing a claim under South Carolina lemon law
South Carolina lemon law states that a consumer must attempt to reach a resolution through the manufacturer's informal settlement process or another consumer dispute board before bringing a lemon law claim to the judiciary system. Claims must be filed within three years of vehicle ownership.

What are the settlement details under South Carolina lemon law?
If a car is repurchased under South Carolina lemon law, the manufacturer must pay a sum which includes the full purchase price of the vehicle and all government charges such as tax, tags, and registration. This sum may be offset by an amount for the consumer's use of the vehicle. This offset is calculated by dividing the number of miles on the vehicle when the nonconformity was first reported by 120,000 and multiplying the result by the purchase price.

If a vehicle is replaced under South Carolina lemon law, the new vehicle must be similar to the original, and no usage offset may be levied.