If you are like most people, apart from a home, the most expensive thing you will ever buy is your car.
Many people buy new cars instead of used cars in hopes of avoiding buying "another person's problem" vehicle. You choose a new car, among other reasons, for reliability and because it comes with a warranty.
Unfortunately, you don't always get what you pay for. Sometimes what you get is a "lemon." Fortunately, South Carolina is one of many states with a "Lemon Law."
The purpose of the Lemon Law is to give the car manufacturer a reasonable number of attempts to repair the vehicle, after which time you have a legal remedy for getting rid of it by making the manufacturer buy it back from you.
The Lemon Law applies to all new (never before titled) vehicles. That means that a dealer "demonstrator" that you buy is usually covered as a new vehicle, even though the car may have some mileage.
Under South Carolina law, a car will be considered a "lemon" if it does not conform to the manufacturer's written warranty within the first 12 months or first 12,000 miles of ownership, whichever comes first. The defect must not be caused by you (accident or alteration of the car) and must impair the vehicle's use or safety, or substantially impair the vehicle's market value.
Even where such a defect exists, you still have to give the manufacturer a reasonable time to correct it. If the manufacturer cannot repair the car within three repair attempts, or if the vehicle has been out of service more than 30 days within the first twelve months of use, it is presumed that the manufacturer has had enough time to correct the defect.
Sometimes, even after you have given the manufacturer a reasonable opportunity to correct the problem, the written warranty requires that you give the manufacturer one final opportunity to correct the defect. You will need to make this request in writing.
Also, if the manufacturer participates in an arbitration program (an out of court "hearing") you will have to demand arbitration before you bring a lawsuit. If you are successful at arbitration the manufacturer is "stuck" with that result. If you are not happy with the result, you can proceed to file suit.
You can find the addresses for giving "final notice" and demanding arbitration in your vehicle owner's manual or warranty booklet that came with your car.
If you end up bringing a lawsuit under the Lemon Law and you win, the manufacturer may be ordered to replace your vehicle, or refund to you the purchase price of the vehicle as delivered, including all finance charges (interest on your loan) that you paid, taxes, and other fees. A deduction in this amount may be made for the amount of miles you have put on the car. However, if you are successful in your lawsuit, the court can award attorney's fees and costs.
If you have a lemon vehicle, you may be able to have an attorney represent you without having to pay the attorney out of your pocket. Contact us to find out more.
We also may be able to help you even if your vehicle is not new. We have successfully litigated numerous Lemon Law cases, as well as cases brought under state warranty laws and the federal Magnuson-Moss Warranty Act. We also represent people against vehicle dealerships in cases of odometer tampering, sales of salvaged vehicles, Truth-in-Lending Act violations, unfair trade practices and fraud.
If you believe that you have been stuck with a "Lemon" vehicle, or that you have been victimized by an unscrupulous car dealer, contact us today.