South Carolina Lemon Law Attorneys

Which South Carolina court hears a lemon law case if arbitration fails?

Usually the Court of Common Pleas, the civil side of the circuit court, in the county where you live or where the car was sold. Rock Hill and Fort Mill are both in York County, in the Sixteenth Judicial Circuit, and Goose Creek is in Berkeley County, in the Ninth. Summerville is more complicated, because per the 2020 Census parts of it lie in Berkeley County, Charleston County and Dorchester County, and the Court of Common Pleas sits in the Ninth Judicial Circuit for Berkeley and Charleston counties and in the First Judicial Circuit for Dorchester County. Sumter is in Sumter County, in the Third, while Myrtle Beach is in Horry County, in the Fifteenth, and Bluffton is in Beaufort County, in the Fourteenth. South Carolina also has a lower court for smaller civil claims, so the amount in dispute can change where a case is filed. A Magnuson-Moss claim can also go to Federal District Court if damages are over $50,000 or party diversity permits it (15 U.S.C. §2310(d)(1)). In the end, which court hears a particular case still depends on its facts, the warranty issues involved and the law it's brought under.

What do South Carolina lemon law attorneys need from you?

The repair orders come first, every one of them, including visits where the technician found nothing.

• the purchase or lease contract, which shows the delivery date the 12 months run from
• the warranty booklet, which shows the express warranty
• emails, texts and letters with the dealer or manufacturer
• receipts for towing, rentals and lodging, since those costs are often recoverable

South Carolina requires written notice to the manufacturer by certified mail under S.C. Code §56-28-10 to §56-28-100, and we draft it, send it and follow up with the manufacturer. It helps to write down the date, the mileage and the symptom each time the problem shows up. You can also look up your VIN for recall notices at nhtsa.gov/recalls.

Which defects count under South Carolina lemon laws?

A defect counts when it substantially impairs the use, market value or safety of the vehicle, which the statute calls a nonconformity, and scratches and small paint flaws usually don't get there. What South Carolina drivers bring us most is engine stalling and misfires, transmission shudder or failure, electrical faults that leave warning lights on, brake and steering problems, and driver-assistance (ADAS) systems that brake or drift on their own.

Steering was the problem with a 2022 Jeep Wrangler our client bought new from Piedmont Chrysler Jeep Dodge in Anderson on July 11, 2022. Three days later, at 186 miles, the wheel was off-center and the Jeep pulled right with a vibration at highway speeds. The dealer tried an alignment. The problem stayed. By October 26, 2022, at 7,130 miles, it shook violently over bumps above 50 mph, the notorious Jeep "death wobble". At 25,144 miles the steering got unpredictable on uneven roads and a recall-related repair didn't fix it. By 28,280 miles the wobble came at 70 mph and the Jeep wasn't safe on the highway. That was four repair attempts over 18 months, and the case has been resolved.