Are you driving a lemon?
Facing the same repeat issue with your vehicle is frustrating and disruptive to your life. But you don’t have to be stuck with a lemon. Lemon Law requires manufacturers to compensate drivers experiencing vehicle defects with either a refund, a replacement vehicle, or a cash settlement. An SC Lemon Law attorney from Timothy Abeel & Associates will fight for your rights and help you win the remedy you deserve. Our experienced team of Lemon Law lawyers has assisted thousands of drivers in lemon cases and is ready to provide you with dedicated support.
If you received a defective vehicle, you have the right to compensation under Lemon Law. Let the attorneys at Timothy Abeel & Associates advocate for your rights, so you can be on your way to driving a safe, functioning vehicle. Schedule your free case review today!
South Carolina Lemon Law, Explained
South Carolina Lemon Law protects drivers who buy or lease a defective vehicle from an SC dealership by mandating that the manufacturer remedy the issue. The legislation states that if a manufacturer has made a reasonable number of attempts to fix a defect with no success, they must provide the driver with a replacement vehicle or refund.
Has your vehicle faced the same issue on a repeat basis? If that issue first appeared within the first 12 months of ownership or 12,000 miles of use, you could be entitled to compensation. A South Carolina Lemon Law lawyer can help you obtain that compensation in the following ways:
- Arbitration
- Litigation
- Settlement
Our attorneys are prepared to litigate on your behalf. However, if the manufacturer offers arbitration and has notified you of such, you must attempt to settle your case through arbitration before trying other methods. A Timothy Abeel & Associates arbitrator will support you through this process, ensuring your rights are upheld at every step.
While most lemon cases can be resolved outside of court, if a satisfactory settlement cannot be reached, our attorneys are ready to litigate for you. We recognize the difficulties of living without a safe or functioning vehicle and will fight to win you a fair and swift outcome.
If you believe you’ve received a lemon, call us at Timothy Abeel & Associates for a free consultation. We’ll provide you with insightful tips on Lemon Law, and start building a compelling case for you.
Qualifying for Compensation Under the Lemon Law in South Carolina
You might be eligible for Lemon Law protections if your vehicle was sold to you with an express warranty, the issue is covered by that warranty, and the issue first appeared within 12 months or 12,000 miles (whichever came first) of you owning the vehicle. If your vehicle meets this description, it is presumed a lemon if any the following is also true:
- The manufacturer has made at least three unsuccessful attempts to remedy the defect
- The issue impacts the use, value, or safety of the vehicle
- You have been unable to drive your vehicle for 30 or more calendar days due to repairs
You must notify the manufacturer in writing of the problem and give them the allowed number of attempts to fix it. Your vehicle does not need to have spent 30 consecutive days undergoing repairs to qualify for Lemon Law protections — it just needs to have spent 30 total days in the shop. If your vehicle meets these criteria, it is presumed a lemon.
Whether through arbitration, a settlement, or litigation, you can expect one of the following lemon law remedies:
- Additional repairs
- A refund
- A vehicle replacement
- Reimbursement for costs incurred
In the event that you select a refund or the court mandates one, that refund will include:
- Total purchase price (minus a “reasonable allowance for consumer use of the vehicle”)
- Applicable finance charges
- Sales tax
- License and registration fees
- Any other applicable government fees
If you elect to receive a replacement vehicle, the manufacturer must provide you with one that is comparable in make, model, and mileage to your original vehicle. The manufacturer cannot ask you to start a new loan for the replacement vehicle. Instead, your loan will resume as-is from the original vehicle, you will be credited for any payments already made, and the terms (i.e. repayment term, interest rate) will remain the same.
Furthermore, the manufacturer will need to reimburse you for any out-of-pocket expenses you paid when struggling with your lemon, including repair costs, towing costs, and rental fees, as well as attorney’s fees and court costs.
How It Works
Ready to take the first step toward the resolution you deserve? At Timothy Abeel & Associates, we’re ready to go to bat for you. We’ll make sure to explain how a Lemon Law case works at each step of the process and fight for a just outcome. Here’s how it works:
1. Complete Our Online Form
First, you’ll complete a simple online form, providing us with basic information about your vehicle. This allows an SC Lemon Law lawyer from our team to conduct a free case review, and create a strategy that will set you up for the best chances for a fair outcome.
2. Send Your Documentation
Once a member of our firm has evaluated your case and communicated with you what type of compensation you might expect, we’ll begin collecting your documentation. This will include:
- Vehicle purchase information
- Repair records
- Receipts for out-of-pocket expenses like towing and rental costs
We advise you to stay on track with your regular car payments and continue to take your vehicle to the dealership for manufacturer-recommended repairs. As new documents are generated, we’ll ask that you provide us with copies.
3. Let Us Do The Work
Once we have all of the necessary documentation, we’ll take it from there. An SC Lemon Law attorney from Timothy Abeel & Associates will negotiate with the manufacturer, and work to gain you a timely and satisfactory outcome. If the manufacturer offers arbitration, we will proceed with the process. However, if we cannot reach a fair settlement through arbitration, we’ll move forward with litigation. The best part is that you’ll never see a bill from us. We’ll pursue our legal fees and any court costs from the manufacturer in the settlement.
So call us for a free review! There’s no financial risk, but don’t delay. Time is of the essence because each additional mile you put on your vehicle could harm your case or reduce your compensation.
Let Timothy Abeel & Associates Help You
Don’t settle for a lemon any longer. If you want the assistance of a dedicated, experienced Lemon Law attorney in SC, call us at Timothy Abeel & Associates. You’ll work with a team of knowledgeable Lemon Law lawyers with an incredible track record for winning fair resolutions.
Experienced Team
We have supported thousands of drivers through lemon cases and succeeded in winning just outcomes. Our Lemon Law attorneys know the ins and outs of Lemon Law and the court system and can provide you with insightful guidance from beginning to end. If arbitration isn’t moving forward in a timely manner, we’ll push for litigation because we know you deserve a functioning and safe vehicle now.
Free Case Reviews
You take on zero financial risk by scheduling a consultation with one of our attorneys. Our case reviews are completely free, so you can get an honest assessment of your case at no cost to you. Let us review your vehicle details and come up with a strategy to win you a fair remedy.
No Legal Fees
When we say that you’ll never see a bill from us, we mean it. Lemon Law legislation mandates that the manufacturer cover the consumer’s legal costs if their vehicle is deemed a lemon. So we’ll invoice the manufacturer for our attorney’s fees and any associated court costs.
Don’t wait to call us. It won’t cost you anything, but each day you wait could reduce the value of your case. Schedule your free case review today!
Frequently Asked Questions
We’re here to empower you with all the information you need to win your case. You’ll find answers to some of the most common Lemon Law inquiries we receive below.
To qualify for Lemon Law protections, your vehicle must meet these criteria:
- Be a passenger vehicle such as a car, small truck, van, or motorcycle
- Have a gross weight of 11,000 pounds or less if it is not a truck
- Have an empty weight of 9,000 pounds or less if it is a truck
- Be designed to transport no more than 10 people
- Be used primarily for personal or household purposes
- Have been purchased from a South Carolina dealership
A vehicle that meets these criteria might be a lemon.
If you believe you’ve been stuck with a lemon, notify the manufacturer in writing right away and give them the allowed number of attempts to remedy the issue. Be sure to only take your vehicle into the repair facility to which you are referred by the manufacturer, and never attempt DIY remedies as these can hurt your case.
Keep up with your car payments and keep track of all repair records. In the meantime, call us at Timothy Abeel & Associates so that, in the event the manufacturer cannot successfully fix your vehicle, we can begin building your case.
It’s no secret that any defect can be frustrating, and limiting. However, not every defect qualifies your vehicle as a lemon. Here are the defects that do:
- Any defect that impacts the vehicle’s safety, use, or market value
- A defect that the manufacturer has had three chances to try to repair
- A defect that has rendered your vehicle undrivable for 30 calendar days
If the above is true, the law presumes your vehicle is a lemon and you could be entitled to remedies.
South Carolina Lemon Law allows for two primary lemon law remedies:
- A refund
- A replacement vehicle
If you choose a refund, the manufacturer will purchase back your vehicle and reimburse you the original purchase price, along with taxes, fees, financing costs, and government costs. If you choose a replacement vehicle, it will be comparable to the make, model, and mileage of the original vehicle. In either case, the manufacturer must cover your legal fees.
If your issues first appeared after 12,000 miles or 12 months, you will most likely not qualify for Lemon Law protections. However, you could still be entitled to a remedy under other consumer rights legislation. Consult with a consumer rights lawyer if you have a defective vehicle and are outside of the 12-month or 12,000-mile window.
We cannot give a precise timeframe for your case, because several factors will dictate how long it takes. The complexity of your case, whether or not we must litigate, your acceptance or rejection of the offered settlement, and the court’s schedule are some of the factors that will influence the timeline. However, if we cannot reach a fair settlement after 90 days of negotiations, we will proceed with arbitration or litigation.
You will not pay for any legal costs incurred in your lemon case, including filing fees. We will pursue the manufacturer for those fees in the settlement.
While Lemon Law does cover motorcycles used for personal and household purposes, it does not cover any vehicles used for recreational purposes, including off-road vehicles such as ATVs or dune buggies. Unless your vehicle is your primary form of transportation for personal use, SC Lemon Law does not cover it.
You are not required by law to retain a lawyer in your lemon case. However, we strongly advise working with an experienced Lemon Law lawyer. Lemon Law can be complicated, and the court system can be intimidating without the support of a licensed professional. Because working with Timothy Abeel & Associates won’t cost you anything, there’s no reason not to schedule a consultation with us. Time is of the essence — let’s start working together towards a remedy that puts you back in a functioning vehicle.