| South Carolina Lemon Law Firms, the South Carolina lemon law code, and information
South Carolina Lemon Law Firms:
This is a list of law firms that are registered as specializing in South Carolina lemon law cases.
| Stanley C. House, Attorney at Law |
Lamar Building Suite 506 753 Broad Street Augusta, GA 30901 30901 |
21.87 miles |
| (706) 722-3341 |
www.schouse.com |
|
| Loncon & Edwards LLP |
Suite 1001 7 E. Congress St. Savannah, GA 31401 31401 |
87.33 miles |
| (912) 236-8900 |
www.lonconlaw.com |
|
| Uricchio, Howe, Krell, Jacobson, Toporek, Theos & Keith |
PO Box 399 17-1/2 Broad Street Charleston, SC 29401-3024 29401 |
104.44 miles |
| (843) 723-7491 |
uricchio.lawoffice.com |
|
| Lumpkin, Oxner & Stacy, P.A. |
511 Prince Street Georgetown, SC 29442 29442 |
136.33 miles |
| (843) 527-8020 |
www.lumpkinandoxner.com |
|
| Harris & Hanna, P.A. |
1727 Glenns Bay Rd. Surfside Beach, SC 29575 29575 |
156.83 miles |
| (843) 650-2889 |
|
|
| McRae & Bisbee, LLP |
Suite 800 One Georgia Center 600 West Peachtree Street, NW Atlanta, GA 30308-3607 30308 |
161.19 miles |
| (404) 873-0300 |
mcraebisbeelaw.lawoffice.com |
|
| Law Office of Lisa D. Wright, LLC |
235 Peachtree Street North East, 888 North Tower Atlanta, GA 30303 30303 |
161.59 miles |
| (404) 588-1181 |
www.attorneylisadwright.com |
|
| Wade Hall |
233 S. Liberty St. Asheville, NC 28801 28801 |
170.27 miles |
| (828) 252-6745 |
www.wadehall.com |
|
| Little & Golsan, P.A. |
20 N. Main Street Marion, NC 28752 28752 |
172.18 miles |
| (828) 652-8003 |
www.littleandgolsan.com |
|
| Law Offices of Edward Jennings |
83 South Center Street Taylorsville, NC 28681 28681 |
186.66 miles |
| (828) 632-5869 |
www.edwardjenningslaw.com |
|
Primarily, the Lemon Laws provide that if you buy (and in some states, lease) a new or pre-owned car or other car covered by a manufacturer's warranty that is defective, and the original producer just can't fix it even with recurrent efforts (inside a limited time that varies from state to state), or if the product is out of service for a defined time (generally 30 days) due to its troubles, you are entitled to a wide range of maltreats, inclusive of:
1. Monetary damage settlements
2. A compensation of the cost
3. A new automobile
In addition, just about all of the Lemon Laws (and the Federal Warranty Law) incorporate a fee transferring mechanism which states that if you win your case, the manufacturing business or dealership that sold you your lemon is expected to repay you for court invoices.
Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has its own Lemon Law statute. Even though the verbiage of each state's statute are distinct, the standard state Lemon Law statute provides remedy to a consumer with a nonfunctional vehicle covered by a warranty if:
1. The car dealership or manufacturing business just can not properly correct a specific fault in the item after a fair number of repair efforts (generally at least 3);
2. The vehicle cannot be driven for at least 30 days due to flaws in the motor vehicle; or
3. The dealer or manufacturing business just can not remedy a flaw that is a endangering safety risk.
Generally, a bad automobile is a automobile with a problem or trouble that frequently impairs its usability, economic value, or safety to the consumer and doesn't comply with the warranty. Frequently, the period of time in which the Lemon Laws are applicable are relatively short; the problems and resulting repair efforts (or out-of-service time period) typically will happen during the first 2-years or 24,000 miles that you own the automobile. However, a number of states have even shorter periods. Furthermore, most states have notice and initiation requirements, such as asking the consumer to send off registered post notice to the original producer of the faults and establishing the car dealership a period to repair the automobile. Additionally, numbers of states require that Lemon Law cases be adjudicated through an arbitration program.
Generally, state Lemon Law regulations also apply to leased vehicles and used cars bought while under the manufacturing business* written warranty. A number of state Lemon Laws also are applicable to cars other than passenger cars. depending on the buyer's state of residence, or the state where the consumer bought the car, Lemon Laws may be applicable to:
-RV's
-Motorcycles
-Pleasure Craft
-Other consumer goods (like computers)
There are many effective remedies available under the Lemon Laws. Often times, if the original producer cannot repair the car, the consumer can either expect the original producer to replace the motor vehicle, or force the original maker to reposess the vehicle and refund the price paid along with incidental damages, like all bills, towing fees, repair costs, related travel charges and other charges incurred by the consumer as a consequence of the troubles in the vehicle. Another important resolution possible under most Lemon Laws is laywers' fees. In many states, if you prevail in a Lemon Law suit, you won't have to pay any legal expenses-the car manufacturer that sold you your lemon is expected to pay your laywers' fees.
The defendant motor vehicle original producer can apply many defenses to a Lemon Law claim. The average regulation affords that the original equipment manufacturer is not guilty if it can show clearly that the defects at issue happened due to maltreatment, negligence, or the modification or alteration of a vehicle by somone other than the original equipment manufacturer, an agent, or its authorized dealer. In different words, if the consumer maltreats his or her own automobile, or the troubles were caused by modifications or changes carried out by a third party, the original equipment manufacturer may not be liable.
Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Passed by Congress in 1975, the Magnuson Moss Act requires makers and vendors of consumer products to provide consumers detailed information about warranty coverage claims. Also, it affects both the rights of customers and the responsibilities of warrantors under original warranties.
Although the Magnuson Moss Act does not call for an car original maker to furnish buyers with a warranty, if a warranty is provided, the Magnuson Moss Act affords various protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for not honoring the warranty by making breach of warranty a violation of federal law, and by allowing consumers to recover court costs and sensible attorney's charges.
The Magnuson Moss Act is often relevant in a lemon case in which, for some reason, a state Lemon Law claim is not possible or furthermore unfavorable. For example, contrary to the relatively short period of time offered to customers inside most Lemon Laws, you could bring a claim for breach of warranty after the warranty period has expired as long as the troubles occurred during the warranty period. In addition, although a few Lemon Laws restrict their coverage to a small number of cars, the Magnuson Moss Act is relevant to near all consumer goods. The Magnuson Moss Act may also apply if you bought or leased a preowned motor vehicle without a manufacturer's warranty, or if the motor vehicle is covered by a third party service contract or other form of extended warranty.
The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all 50 States. It is the prime authority of law governing warranties on consumer goods, including motor vehicles and other items. The UCC offers an alternative legal avenue for consumers with lemon problems.
UCC code stipulates that the buyer of a product is entitled to return goods which break in any regard to the contract. Thus, if your recently purchased product doesn't function as established by the manufacturing business (your manufacturer warranty is a portion of your consumer warranty), you may have a claim citing the UCC in addition to any other claims you may have.
The period of time for bringing back a vehicle with the UCC is not limitless. If you observe a failing in your vehicle within a sensible ownership time period, you may reject the motor vehicle. Unfortunately, new automobiles can be typically technically complicated and you may not recognize if your item conforms to the warranty until long after you acquire the item and troubles begin to arise. So, if After this ownership period you fail to refuse the item, you will be alleged to have o.K.ed it and may have no claim through the UCC.
The duration of the review time period is not delineated in the regulation. The Courts decide how long the sensible inspection period is based on the purchaser's expertise and experience, the purchaser's trouble in discovering the failing, and the purchaser's opportunity to expose the flaw.
In spite of this limitation, the UCC says that in certain cases where a purchaser is stated to have approved of products (i.e. the sensible inspection time has expired), a purchaser can still abrogate his acceptance of those product where the non-conformity considerably cripples the value of the product to him. Those cases include suits where it is laborious to discover the nonconformity or the purchaser was assured that the non-conformity would be remedied. Re-stated, the court will exempt the purchaser from not rejecting the product where the purchaser could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a auto excessively gives out and you have to keep bringing it back to the dealership for repair under the warranty, the automobile lemon law may be your next course. The failing ought to be substantive where it hinders your driving the car or your safety. A car stalling perpetually is a substantive failing. This is precisely the type of defect that can stymie your driving and your safety. Under the automobile lemon law you are not required to indicate why the motor vehicle is stalling, you merely have to show that it is stalling. Basically you need to check the lemon law in these 3 examples: the motor vehicle keeps dying within the warranty period, the motor vehicle is a safety hazard, the dealership is incapable to fix the motor vehicle when it is warranted.
If you have a motor vehicle which is a lemon you can immediately write to the original maker and ask for another equivalent motor vehicle. If this demand is not acceptable to the original maker, you can start into an arbitration process. A few makers use their own arbitration process. Other makers have external arbitration program including Autoline by the Better Business Bureau. The recommendation of the arbitrators is binding on the original maker but not on the owner. If unsatisfied with the proposition, the owner can take the original maker to court.
Virtually all regulations provide that the purchaser needs to be returned back to the fiscal status they were in prior to purchasing the vehicle, less the sum that the purchaser gained from by using the vehicle. To get the repayment amount a number of elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new pre-owned motor vehicles may qualify under basic lemon laws. For example, a pre-owned motor vehicle may fall under normal lemon laws if it is less than a year old and has fewer than 12,000 miles on the odometer. States that do have a used car lemon law might be more accommodative with the age and measure of mileage. Still, the car must be sold by a dealer that offers a written warranty. Personal sales aren't involved, neither are automobiles sold under a stated purchase price. There could be other restrictions to a used car lemon law such as the functions for which the vehicle is used or the categorization of vehicle. Classic motor vehicles, are usually excluded from used car lemon laws. Used car lemon laws commonly cover a much shorter time period than new car ordinances. They often range from 30 to 90 days, depending on your used vehicle's mileage.
When selecting an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that are applicable to your state. Also enquire about the pricing program. Many lemon law attorneys take a generally small retainer to cover a lemon law claim, and thereafter, the attorney's invoices are charged to the original maker. Therefore, lemon law claims are commonly very low-cost to customers. The reimbursement of lawyer fees differs from state to state. About one-half of the states let you to recuperate your Attorney expenses if you win. The attorney's fee is based upon actual time spent rather than being attached to any other portion of the recovery. In a select few States, you have to pay the manufacturing business* attorney's charges if you lose.
Consumers should put their charges in writing and hold a copy. In all written communication, always explain how burdensome it is to bring the car to the car dealership for work and that the dependability that the purchaser believed He or she was buying has been non-existent. Any written communication with a dealership or original maker should be sent using certified post. In virtually all instances the makers claim that they haven't had the requisite number of attempts to remedy the defect. They bet on the knowledge that the purchaser doesn't have repair receipts for each instance they have driven the auto into the dealership. They also rely on the possibility that the repair receipts have seperate things repaired every period evidencing that they haven't repaired the same defect. Consumers should respond by asking that dealerships always present them a warranty repair ticket. Consumers should also indicate that these undocumented visits are tries.
Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately read your owner's manual and warranty info entirely, and the information pertaining lemon law rights which you should receive when you choose your vehicle. Don't count on your dealership to describe what defects are covered by warranty. If your dealer states that a defect is not covered and you believe that she is misleading you, be civil but self-asserting. Don't be afraid to point out the section of the warranty that is relevant, or to call the manufacturer for substantiation using the contact info included within your owner's manual. You shouldn't be obligated pay for work linked to lemon law complaints. It's also crucial to give notice the manufacturer of a complaint immediately. If you are suspicious that your motor vehicle has a defect that cannot be repaired, go over your lemon law rights to see when you are able to submit a lemon law complaint.
Lemon Law Tips:
1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.
4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.
6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws
If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.
|
South Carolina Cities:
Choose
your City/Zipcode
© Copyright 2005. LemonLawsFirms.org. All Rights Reserved.
|