Recurrent car problems can be more than a financial drain and an inconvenience, they may be dangerous. If you keep bringing your car into the dealership or mechanic and nothing seems to permanently fix the issue, your car may be what is known as a “lemon”— essentially, a dud.

Fortunately, regulations known as lemon laws are in place to help protect consumers from repeated, unfixable car problems.

Under the lemon law in South Carolina, if you’re vehicle is declared a lemon you may be entitled to compensation from the dealer or the manufacturer.

Basics of Lemon Law

Lemon laws are state regulations designed to protect consumers from having to repeatedly fork over money to fix a vehicle that is defective beyond repair, according to a government website. State lemon laws determine at what point a car should be declared a lemon.

Under lemon law, when a vehicle is declared a “lemon”— that is, it has a serious defect and the manufacturer can’t repair it within a certain amount of time — the manufacturer is required to repurchase the vehicle from the owner or provide the person a new car.

Lemon law may be left to the state level, but not all states have lemon laws. Each state may have different rules and requirements so it’s important to understand the specifics of your state’s lemon laws to know what to expect and to ensure you’re being treated fairly when your car is experiencing repeated issues.

Lemon Law in South Carolina

The lemon law in South Carolina is different than in other states. In South Carolina, lemon law only applies to new motor vehicles or new trucks with an empty weight of 7,000 pounds or less. (Certain other states’ lemon laws also apply to used vehicles.)

There are three criteria to determine if a new car is a lemon. All three must be met for the car to be considered a lemon:

• The car’s problems or defects must appear within the first twelve months after purchase or the first 12,000 miles of use, whichever comes first
• The problem the car is experiencing causes problems with the car’s use, market value, safety, or some combination therein
• The manufacturer or dealer has tried but cannot repair the car within a reasonable amount of time (Either three attempts to repair the same issue, or the car has been out of commission for 30 or more days, not necessarily in a row, due to repair efforts)

Even in cases where a car meets all these requirements, it may not necessarily qualify as a lemon. If the problem was caused by abuse, neglect, or unauthorized alteration of the vehicle,  lemon law in South Carolina does not apply and the owner is not entitled to compensation.

In the event that your car is declared a lemon in South Carolina, the law requires that the manufacturer address the issue with one of three approaches: repair the car, replace the car, or buy the car back from you and refund your money.

Should I Consult an Attorney?

To support your claim that your car is a lemon, and to qualify for a replacement or refund, it’s important to maintain good records of your attempts to fix the vehicle. Things that may help support your claim include service records, emails with your dealer or manufacturer, phone records, and anything else that may show that the vehicle is defective and qualifies it as a lemon, therefore qualifying you to compensation under the terms of the law. Consulting an experienced attorney can help you gather the evidence you need.

If you live in South Carolina and believe your vehicle may qualify as a lemon after several attempts have been made to fix it, you may have legal recourse.

Navigating lemon laws can be complicated, and dealing with car manufacturers can be stressful, but consulting an attorney can help. Top Class Actions can connect you with an experienced attorney who can help you determine if you have a claim and navigate the complexities of lemon law in South Carolina.

Join a Free Lemon Law Defective Vehicle Investigation

You may qualify for this Lemon Law investigation under the following circumstances:

• You purchased your vehicle new;
• Your purchased your vehicle in 2018-2020;
• Your vehicle is still under warranty;
• You have taken your vehicle in for repair several times; and
• It is still having the same problem.

(Note: Residents of North Carolina do not qualify for this investigation.)

See if you qualify by filling out the form on this page for a case evaluation by experienced Lemon Law lawyers or call (877) 289-0615.

Get a Free Case Evaluation