Lemon Law Complaint - South Carolina

IN THE COURT OF COMMON PLEAS

[COUNTY] COUNTY, SOUTH CAROLINA

COMPLAINT UNDER SOUTH CAROLINA'S MOTOR VEHICLE EXPRESS-WARRANTY LAW

Plaintiff alleges as follows:

1. Parties, Jurisdiction, and Venue

1. Plaintiff [PLAINTIFF NAME] is a resident of [COUNTY] County, South Carolina and purchased or leased the Vehicle identified below other than for resale.

2. Plaintiff is a “consumer” within S.C. Code Ann. § 56-28-10(1) because the Vehicle is normally used for personal, family, or household purposes, is subject to the manufacturer's express warranty, and Plaintiff is entitled to enforce that warranty.

3. Defendant [MANUFACTURER NAME] manufactures, assembles, imports, or distributes new motor vehicles sold in South Carolina and is a “manufacturer” within S.C. Code Ann. § 56-28-10(2).

4. This Court has subject-matter jurisdiction over this action, and venue is proper in this county, because [STATE FACTS SUPPORTING JURISDICTION AND VENUE].

2. Vehicle and Warranty

5. On [__/__/____], Plaintiff purchased or leased a [YEAR] [MAKE] [MODEL], VIN [________________] (“Vehicle”), from [SELLING DEALER] for a full delivered price of $[____].

6. The Vehicle was sold and registered in South Carolina and is:

☐ a private passenger motor vehicle, excluding the living portion of a recreational vehicle and an off-road vehicle; or

☐ a motorcycle, including a motorcycle three-wheel vehicle.

7. The Vehicle is a “motor vehicle” and “new motor vehicle” within S.C. Code Ann. § 56-28-10(4)–(5).

8. Defendant issued a written manufacturer's express warranty covering the Vehicle for [TERM / MILEAGE].

3. Nonconformity and Repair History

9. Within the earlier of the first twelve months after purchase or the first 12,000 miles of operation, the Vehicle developed the following defect or condition: [DESCRIBE NONCONFORMITY].

10. The nonconformity substantially impairs the Vehicle's [use / market value / safety] and did not result from accident, abuse, neglect, or unauthorized modification or alteration.

11. Plaintiff first reported the nonconformity to Defendant or its agent on [__/__/____], at [____] miles, during the term of the express warranty.

12. Plaintiff made the Vehicle available for repair as follows:

13. A reasonable number of repair attempts is presumed under S.C. Code Ann. § 56-28-50(A) because:

☐ the same nonconformity was subject to repair three or more times by Defendant or its agent within the express-warranty term and continues to exist; or

☐ the Vehicle was out of service by reason of repair for a cumulative total of thirty or more calendar days during the express warranty.

14. Alternatively, even if the statutory presumption does not apply, Defendant was unable to conform the Vehicle to the express warranty after a reasonable number of attempts.

4. Conditional Written Notice and First-Resort Procedure

15. At the time of sale, Defendant:

☐ clearly and prominently informed Plaintiff that written notice to the manufacturer was required before invoking Chapter 28; or

☐ did not clearly and prominently disclose that requirement.

16. If the written-notice requirement applies, Plaintiff sent Defendant notice by [registered / certified / express] mail on [__/__/____] and requested repair of the nonconformity.

17. After that notice, Defendant:

☐ failed within ten business days to identify a reasonably accessible repair facility of a franchised new-vehicle dealer;

☐ identified [FACILITY], Plaintiff delivered the Vehicle there on [__/__/____], and Defendant did not properly repair it within the ensuing period of no more than ten business days; or

☐ [OTHER FACTS].

18. Defendant informed Plaintiff that it:

☐ maintains an informal dispute-settlement procedure substantially complying with 16 C.F.R. Part 703;

☐ participates in a consumer-industry appeals, arbitration, or mediation panel or board whose decisions bind Defendant; or

☐ maintains or participates in no such procedure.

19. Before seeking the S.C. Code Ann. § 56-28-40 remedy, Plaintiff:

☐ first resorted to Defendant's qualifying procedure, which concluded on [__/__/____] with the following result: [RESULT];

☐ first resorted to an available alternate procedure under S.C. Code Ann. § 56-28-90, which concluded on [__/__/____] with the following result: [RESULT]; or

☐ was not required to use a first-resort procedure because Defendant neither established nor participated in a qualifying procedure described in S.C. Code Ann. § 56-28-60.

20. This action was commenced within three years after original delivery of the Vehicle, as required by S.C. Code Ann. § 56-28-70.

5. Count I — Enforcement of Motor Vehicle Express Warranties

Against Defendant Manufacturer

21. Plaintiff incorporates paragraphs 1–20.

22. Under S.C. Code Ann. § 56-28-30, Defendant was required to make the repairs necessary to conform the Vehicle to its express warranties at no cost to Plaintiff.

23. Defendant was unable to conform the Vehicle to the applicable express warranty by repairing or correcting a nonconformity that substantially impairs its use, market value, or safety after a reasonable number of attempts.

24. S.C. Code Ann. § 56-28-40 therefore requires Defendant to replace the Vehicle with a comparable motor vehicle or, at Defendant's option, accept its return and refund the full purchase price as delivered, including applicable finance charges, sales taxes, license fees, registration fees, and similar governmental charges, less the statutory reasonable allowance for use.

25. If Defendant elects a refund, the allowance is the full purchase price multiplied by the miles traveled before the first report of nonconformity divided by 120,000, and the refund is payable to Plaintiff and any lienholder as their interests appear on the Department of Motor Vehicles ownership record.

26. Defendant has not provided the remedy required by S.C. Code Ann. § 56-28-40.

6. Request for Relief

Plaintiff requests judgment:

A. Requiring Defendant to provide the remedy prescribed by S.C. Code Ann. § 56-28-40: a comparable replacement vehicle or, at Defendant's statutory option, the refund described in that section;

B. If Plaintiff finally prevails, awarding the costs, expenses, and attorney's fees that the Court determines are recoverable under S.C. Code Ann. § 56-28-50(D); and

C. Granting other relief supported by Chapter 28 and the facts proved.

Signature

Respectfully submitted,

[LAW FIRM NAME]

[ADDRESS]

[PHONE]

[EMAIL]

By: ____________________________________

[ATTORNEY NAME] (SC Bar No. [____])

Counsel for Plaintiff

Date: [__/__/____]

Suggested Exhibits

• Exhibit A — purchase or lease agreement
• Exhibit B — manufacturer's express warranty
• Exhibit C — repair orders and service records
• Exhibit D — written notice and proof of mailing, if applicable
• Exhibit E — first-resort procedure submission and decision, if applicable

Sources and References

• South Carolina Code, Title 56, Chapter 28 — Enforcement of Motor Vehicle Express Warranties

This template is for informational purposes only and requires review and customization by a licensed South Carolina attorney before use.