South Carolina Automobile Lemon Law Questionnaire

State:
Multi-State
Control #:
US-Q1022
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a defective automobile matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

As a general rule, once you sign a contract to buy a car, you can't simply return it because you don't like it. The law in South Carolina is very simple. If you sign the paperwork, you are deemed to have read all of the terms, understood all of the terms, and agreed to all of the terms.

If you suspect that your used-car dealer violated your legal rights while writing the car loan, you may have legal recourse to return a vehicle. For a full, online copy of Title 36, Chapter 5 of the South Carolina Code, visit the state legislature's website.

There is no lemon law in SC that covers used cars, but that doesn't mean there is no recourse if you buy a used lemon. State and federal laws that offer protections for used-car buyers include: The SC Unfair Trade Practices Act (SCUTPA); The federal Magnuson-Moss Warranty Act; and.

The law defines a lemon as a new motor vehicle (passenger car, van, motorcycle, or small truck) that: has a defect that impairs its use or will lower its market value substantially; and which the manufacturer cannot repair within a reasonable time.

For example, in South Carolina, the law says that after three repair attempts that are not successful, and the car has been out of service for 30 days, the used car is considered a lemon. In this case, the manufacturer would be required to give you a refund.

If you cancel the purchase, that seller has 10 days to cancel and return any check you signed, refund all your money and tell you whether any of the products that you still have will be picked up and return any trade-in that you may have provided in a particular sale.

In South Carolina, a vehicle is considered to be defective if it is out of service for 30 calendar days within 1 year or 12,000 miles, whichever comes first. Used vehicles may not fall under these lemon laws because they have more than 12,000 miles on them to begin with.

State Lemon Laws South Carolina's statutes, similar to lemon laws in other states, require dealers to replace the car or refund the purchase price if the car cannot be repaired within the first 12 months or 12,000 miles of the purchase date.

More info

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South Carolina Automobile Lemon Law Questionnaire