South Carolina Lemon Law Attorney

Does My Vehicle Qualify Under the South Carolina Lemon Law?

Your vehicle may qualify when all or most of the following are true:

• It was purchased or leased as a new vehicle.
• It was purchased and registered in South Carolina.
• It is covered by the manufacturer’s express warranty.
• The defect first appeared within 12 months or 12,000 miles.
• The problem substantially affects the vehicle’s use, market value, or safety.
• The manufacturer or authorized dealership has been unable to repair it.
• The same problem has received three or more repair attempts.
• The vehicle has spent at least 30 cumulative calendar days out of service for repairs.

The three-repair and 30-day standards create a legal presumption. A vehicle with fewer repair attempts may still require evaluation based on the seriousness of the defect and the manufacturer’s opportunities to correct it.

What Problems Can Support a South Carolina Lemon Law Claim?

South Carolina law does not provide a fixed list of qualifying defects. The central question is whether the problem substantially impairs the vehicle’s use, market value, or safety.

Potentially qualifying vehicle problems may include:

• Engine stalling, loss of power, overheating, or excessive oil consumption
• Transmission slipping, hesitation, shuddering, hard shifting, or failure
• Brake, steering, suspension, or acceleration problems
• Battery, charging, range, or electric-vehicle system failures
• Persistent electrical failures or warning lights
• Defective airbags or driver-assistance systems
• Software problems that repeatedly disable vehicle functions
• Water intrusion, mold, or recurring leaks
• Defective heating or air-conditioning systems
• A vehicle that repeatedly enters reduced-power or “limp” mode

A defect does not automatically qualify merely because it is inconvenient. Its severity, repair history, effect on the vehicle, and the manufacturer’s response must all be considered.

How Many Repair Attempts Are Required in South Carolina?

South Carolina law presumes that the manufacturer has received a reasonable opportunity to repair the vehicle when the same defect has been presented for repair at least three times during the warranty period and continues to exist.

The law also creates a presumption when the vehicle has been unavailable because of repairs for 30 or more cumulative calendar days during the warranty period. Those days do not need to be consecutive.

Document Every Dealership Visit

Before leaving the dealership, confirm that each repair order accurately identifies:

• The symptoms you reported
• When and how the problem occurs
• Warning lights or error messages
• The dates the vehicle entered and left the shop
• The dealership’s diagnosis
• Parts replaced and repairs attempted
• Whether the dealership duplicated the problem

A repair order stating “could not duplicate” may still document that you reported the defect, provided your complaint is described accurately.

The Manufacturer May Be Entitled to a Final Repair Opportunity

Written notice can be a critical part of a South Carolina lemon law claim.

When the manufacturer clearly disclosed the notice requirement at the time of sale, the consumer may be required to provide written notification and allow the manufacturer a final opportunity to repair the vehicle.

Required notices must be sent by registered, certified, or express mail.

After receiving notice, the manufacturer generally has 10 business days to identify a reasonably accessible authorized repair facility. Once the vehicle is delivered to that facility, the manufacturer generally receives a final repair period of up to 10 business days.

Because an incorrect or incomplete notice could delay or affect a claim, consider having a South Carolina lemon law attorney review the repair history before sending a final demand.

What Compensation Is Available?

When a qualifying vehicle cannot be repaired, South Carolina law provides two principal remedies.

Replacement Vehicle

The manufacturer may provide an identical, comparable, or reasonably equivalent replacement vehicle.

Vehicle Repurchase or Refund

The manufacturer may accept the vehicle’s return and refund the purchase price, including applicable:

• Finance charges
• Sales taxes
• License fees
• Registration fees
• Similar governmental charges

The refund may be reduced by a statutory allowance for the consumer’s use before the defect was first reported.

The manufacturer—not necessarily the consumer—generally chooses between replacement and repurchase under the South Carolina statute. Payment is distributed to the consumer and lienholder according to their respective ownership interests.

Depending on the applicable state and federal claims, a negotiated resolution may also involve monetary compensation or another settlement arrangement.

What Vehicles Are Covered?

South Carolina’s lemon law generally covers qualifying new vehicles purchased and registered in the state, including:

• Passenger cars
• Personal-use vans
• Qualifying light trucks
• Two-wheel motorcycles
• Three-wheel motorcycles
• New leased vehicles
• Certain dealership demonstrator vehicles that have not previously been titled

The living portion of a recreational vehicle is excluded under the state statute. Coverage involving an RV chassis or other vehicle components requires individual review.

Vehicles primarily used for business or commercial purposes may also fall outside the state law’s definition of a covered consumer vehicle.

Are Used Cars Covered by the South Carolina Lemon Law?

South Carolina’s state lemon law does not generally cover used vehicles. The state law primarily applies to qualifying new vehicles purchased and registered in South Carolina.

However, a used vehicle may still have protection under:

• A remaining manufacturer warranty
• A written dealership warranty
• The federal Magnuson-Moss Warranty Act
• Other state warranty or consumer-protection laws
• Contract or misrepresentation claims

Federal warranty law provides remedies for certain breaches of written or implied warranties and may allow a prevailing consumer to recover reasonable litigation expenses and attorney’s fees, subject to applicable law and the court’s discretion.

Do not assume you have no claim simply because the vehicle was purchased used.

Do I Need to Complete Manufacturer Arbitration?

Possibly.

When the manufacturer maintains a qualifying informal dispute settlement program, South Carolina law may require the consumer to use that procedure before pursuing a statutory refund or replacement remedy in court.

The manufacturer’s program must comply with applicable federal requirements, and its decision must be binding on the manufacturer. A consumer who remains dissatisfied after the process may have the right to pursue further legal action.

A lemon law attorney can help prepare the claim, present the repair evidence, address manufacturer defenses, and evaluate any proposed resolution.

Why Hire Lemon Law Group Partners?

Vehicle manufacturers have legal departments, technical representatives, warranty administrators, and established procedures designed to control defective-vehicle claims.

Lemon Law Group Partners includes attorneys with experience representing automobile manufacturers. That experience can help our team anticipate the defenses and strategies manufacturers may use when challenging a consumer’s claim.

Our attorneys can assist with:

• Reviewing repair orders and warranty records
• Determining which state and federal laws may apply
• Preparing the manufacturer’s final repair notice
• Communicating with the manufacturer
• Preparing for arbitration or mediation
• Negotiating a replacement, repurchase, or other resolution
• Pursuing litigation when appropriate

The initial case review is free. For qualifying matters, any fee arrangement will be explained in writing before representation begins.

South Carolina law permits a court to award reasonable costs and attorney’s fees to a consumer who ultimately prevails, but no recovery, result, or fee award is guaranteed.

What Should I Do With a Defective Vehicle?

1. Return to an authorized dealership.
   Follow the manufacturer’s warranty procedures whenever reasonably possible.
2. Describe the problem consistently.
   Explain the symptoms, when they happen, and how they affect the vehicle.
3. Obtain every repair order.
   Keep copies even when the dealership claims it cannot duplicate the problem.
4. Track all days out of service.
   Include weekends and days waiting for parts when the dealership retains the vehicle.
5. Save related records.
   Keep purchase or lease documents, warranty materials, emails, text messages, towing bills, rental expenses, photographs, and videos.
6. Do not stop making vehicle payments.
   Continue complying with the finance or lease agreement unless your lender or attorney provides different instructions.
7. Request a legal review early.
   Notice and arbitration requirements can affect how the claim should be presented.

South Carolina Lemon Law Attorney Near You

Lemon Law Group Partners evaluates defective-vehicle claims throughout South Carolina. Consumers do not necessarily need to travel to an attorney’s office to have their repair records reviewed or begin the claim process.

South Carolina Midlands

We assist consumers in Columbia, Lexington, West Columbia, Cayce, Irmo, Forest Acres, Sumter, Orangeburg, Aiken, North Augusta, and surrounding communities.

South Carolina Lowcountry

We assist consumers in Charleston, North Charleston, Mount Pleasant, Summerville, Goose Creek, Hanahan, Beaufort, Bluffton, Hilton Head Island, Port Royal, Georgetown, and surrounding communities.

South Carolina Upstate

We assist consumers in Greenville, Spartanburg, Greer, Simpsonville, Mauldin, Easley, Anderson, Clemson, Greenwood, Gaffney, Laurens, Clinton, and surrounding communities.

Grand Strand and Pee Dee

We assist consumers in Myrtle Beach, North Myrtle Beach, Conway, Florence, Bennettsville, and surrounding communities.

York and Lancaster Counties

We assist consumers in Rock Hill, Fort Mill, Lancaster, and surrounding communities.

Whether you are searching for a South Carolina lemon law attorney near you in Charleston, Columbia, Greenville, Myrtle Beach, Rock Hill, Spartanburg, or another South Carolina community, our team can review your vehicle’s repair history and explain the potential next steps.