Category: Lemon Law

What is a lemon vehicle?

3/20/2022

Way back in 1960, Volkswagen created an ad with the slogan “We pluck the lemons; you get the plums.” The ad was about the manufacturer’s high quality when it came to inspecting cars before they left the factory and focused on an inspector’s discovery that the chrome strip on the glove compartment on one car was blemished and had to be replaced.

Would that Volkswagen be considered a “lemon” in South Carolina? Under South Carolina law, a new car is considered a “lemon” when it has a manufacturing defect that affects the safety, value, or use of the vehicle. If that defect shows up within the first twelve months or 12,000 miles of a car’s purchase, whichever one comes first, then the manufacturer must fix the vehicle for free.

You can’t just arbitrarily decide your vehicle is a “lemon” and return it to the dealership expecting a full refund. Whether the problem you’re having with your car fits the above criterion is something a court would have to decide.

While you’re reading this, you might be thinking, what about my 2001 car that I just bought from the used car dealership? It needs a lot of repairs, and the salesman didn’t tell me about any of this. Doesn’t that mean the car is a “lemon”? Technically, yes, the car is a “lemon”, meaning it’s a bad car, but it isn’t a “lemon” under South Carolina law because it isn’t a new car.

Does that mean you have no recourse if you’ve purchased a used car? Not at all. An experienced lawyer knows laws that apply to used vehicles and can help guide you in the right direction. Just because you’ve purchased an “unofficial lemon” doesn’t necessarily mean you’re stuck with it.

So, whether you’ve purchased a new “lemon” or a bad car, talking to a lawyer is your best bet. The laws involving vehicles are complicated and can be quite confusing. It just makes sense to get advice from someone who has read and understands those laws.

Does the Lemon Law Cover Business Vehicles?

8/15/2020

When your business depends on reliable transportation, mechanical issues with your vehicles can cause a loss of income or even customers. When it’s a new vehicle that is not running properly, your frustration can be even worse.

The lemon law states that a vehicle that does not operate correctly and the manufacturer (or an authorized agent of that manufacturer) cannot repair the vehicle within a certain amount of time, you are entitled to a replacement or a refund.

In South Carolina, only vehicles that are designed to transport ten or fewer people are covered. The law also covers trucks that weigh less than 9,000 pounds when they are empty. This law pertains only to new vehicles, not used or previously leased vehicles.

To be considered a lemon, the problems must show up within the the warranty period. The mechanical problem must substantially affect the vehicle’s market value, safety, or use, and it cannot be repaired within a reasonable amount of time. Under South Carolina law, a reasonable amount of time is considered to be when the vehicle is out of service by reason of repair for thirty or more days or three attempts to repair the same problem.

Business vehicles are not covered by the Lemon Law. But what is a business vehicle? Obviously, a tractor trailer rig or a piece of farm equipment are business vehicles and not covered. On the other hand, a vehicle can be owned by a business but still be covered by the Lemon Law. The issue comes down to whether the motor vehicle is normally used for personal, family, or household purposes and subject to the manufacturer's express warranty.

As the business owner, you also need to be very careful about how your vehicles are driven. If the mechanical problem is caused by abuse or neglect of maintenance guidelines, your lemon law rights may be affected. Also, if you plan to alter your car in any way, such as adding a trailer hitch or roof racks, you should have an authorized dealer install the items. If the alterations are not approved or installed by the dealer, the manufacturer can claim those alterations caused the mechanical problems, and you will have a harder time proving your car is a lemon.

Just remember, the more you use the vehicle in your business, the more ammunition you give the manufacturer’s lawyer to claim that the vehicle does not qualify under the lemon law.
If you have problems with a vehicle, start documenting everything that is done to repair it from the very first trip to an authorized mechanic. Keep all paperwork and notes of any discussions you may have with the dealership. You will need to notify the manufacturer of the problems within the time frame, and be sure to have copies of any documents you send to anyone. You should also document lost wages for when you were unable to use your vehicle for your business.

After three attempts to repair the vehicle, it may be in your best interest to hire an attorney who has experience with the lemon laws of your state. Your lawyer can advise you of the next steps you need to take to receive a refund or a replacement on your vehicle.

Do I Need a Lawyer if my Car is a Lemon?

6/28/2020

Anyone can end up with a new car that has constant problems. A new car like this is known as a “lemon” car, and there are laws to protect consumers who may purchase one. If you have one, you may be angry and not sure what to do first. If contacting the dealer where you purchased the vehicle does not bring you the results you need, you should contact an attorney who specializes in the “lemon laws” of your state.

why you Need an Attorney

Just like other professions, attorneys often specialize in certain areas of the law. When you begin your search, make sure you ask the lawyer how much experience they have with lemon laws. If they don’t have much experience, you would be better off to search for another lawyer. The laws can be confusing, and you need someone who is familiar with the law in your area to guide you through the process of getting your vehicle repaired or replaced.

To be considered a lemon, a new vehicle must have a defect that is covered by the manufacturer’s warranty that became known during a certain time frame or number of miles you have driven. Every state has different lemon laws and different timelines which is why it’s important to contact an attorney as soon as possible after you start having problems with your new car as they are best able to guide you in the process.

If you are unlucky enough to purchase a new vehicle from a dealership that cannot repair your vehicle, an attorney can contact the dealer or manufacturer on your behalf. Sometimes, a letter from an attorney is enough to force the dealer or manufacturer to discuss options with you, but this isn’t always the case.

Most manufacturers require you to go through non-binding arbitration first. You and your attorney will have the opportunity to present your proof of attempted repairs and the time you were without your new car. Once the arbitration board has heard your case, the manufacturer may make an offer. You and your attorney can discuss whether to accept or decline the offer.
If you decide the offer is not satisfactory to you, your attorney can file a law suit against the manufacturer of your vehicle. Your attorney can offer more of the evidence you have collected in court. Always be sure to keep careful records of repairs that were completed on your vehicle and any discussions you have had with the dealer you purchased the car from. All of this will be important in helping your lemon law attorney in building a strong case for your law suit.

While it may seem like this is a simple process that you can handle on your own, the complexity of lemon laws are very confusing to someone who isn’t experienced with the law. You may miss an important detail or deadline that will prevent your car from being declared a lemon and repaired or replaced. It would be best to let an experienced lemon law attorney handle the process for you so you get the best outcome for your situation.

What are the most common types of consumer complaints in south carolina?

8/24/2018

What do you think are the most common types of complaints that consumers file with the government? Everyone has frustrating experiences with housing, health insurance, and other industries, but some South Carolina residents might be surprised (or not) to learn that vehicles are the number one complaint category in the state. According to the South Carolina Department of Consumer Affairs (SCDCA), about 19.5% of their cases in 2017 revolved around cars – used cars, repairs, and credit issues were some of the biggest problems. In fact, cars make up the majority of complaints nationally, too.

But vehicles have only become a problem for consumers in recent years. "As the economy continues to rebound, more consumers are becoming active in the marketplace, especially purchasing vehicles," according to SCDCA Administrator Carri Grube Lybarker. South Carolina has protected consumers for years, though, as the state introduced a lemon law in 1989 to prevent the sale of defective cars (along with vans and small trucks – as long as they are passenger motor vehicles). Under the lemon law, consumers who purchase a car and find that its defects cannot be repaired are entitled to a refund. In order to get that refund, a South Carolina resident would have to participate in an arbitration procedure with the manufacturer (free of charge to the consumer) and if that process doesn’t help, only then can the purchaser go to court.

The SCDCA’s job is to ensure the auto industry complies with these minimum requirements, especially in regards to flood-damaged cars which are often sold to people who have no idea of the car’s history. Indeed, the SCDCA addressed 105 violations of motor vehicle advertising laws and issued several fines in 2015, leading to justice for wronged consumers.

Have you ever had issues with a car you recently purchased? Were you able to resolve them through the dealer or manufacturer, and if not, how did you deal with them?

Does the lemon law apply to manufactured homes?

8/17/2018

a mobile home is a practical and flexible option for a lot of homeowners. However, mobile home owners are among the least protected by housing laws because they own the home but not the land beneath it. So what happens if you purchase a new mobile home and shortly thereafter realize you have a major problem like mold that you can’t easily fix? You need to determine whether your mobile home is protected under Lemon Law.

In some states, the answer is a clear yes, but if your state’s answer is no, you may have to look for recourse elsewhere – for example, some states may offer protections against deceptive trade practices instead through a consumer protection entity. Either way, it’s important to contact a lawyer as soon as possible because dealing with mobile homes can be tricky legally. Your best bet to get the most money back on your defective purchase is with an attorney through a Lemon Law or warranty case, rather than through another route like small claims court.

If your state does clearly consider mobile homes protected under the federal Magnuson–Moss Warranty Act, then you are more likely to have a strong case. Make sure you always keep a clear copy of your original purchase contract, any work repair orders you have made, as well as photos and videos to document damage or needed repairs. This way, when you do contact an attorney, they can help you determine quickly if you have a case.

Have you ever purchased a mobile home and dealt with costly repairs?

What is a lemon vehicle?

Does the Lemon Law Cover Business Vehicles?

Do I Need a Lawyer if my Car is a Lemon?

why you Need an Attorney

What are the most common types of consumer complaints in south carolina?

Does the lemon law apply to manufactured homes?

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