Lemon Law Complaint

IN THE COURT OF COMMON PLEAS
[COUNTY] COUNTY, STATE OF SOUTH CAROLINA

[PLAINTIFF NAME], )
Plaintiff, )
)
v. ) Civil Action No.: [___]
)
[DEFENDANT MANUFACTURER NAME], )
a [State of Incorp.] Corporation, and )
[DEFENDANT DEALERSHIP NAME], )
a South Carolina Corporation, )
Defendants. )
)

COMPLAINT (LEMON LAW & RELATED CLAIMS)
AND DEMAND FOR JURY TRIAL

Table of Contents

1. Introduction
2. Parties
3. Jurisdiction and Venue
4. Definitions
5. Factual Allegations
6. Statutory & Procedural Prerequisites

7. Causes of Action
   • Count I – Violation of S.C. Motor Vehicle Express Warranty Enforcement Act
   • Count II – Breach of Express Warranty (UCC)
   • Count III – Breach of Implied Warranty of Merchantability (optional)
   • Count IV – Violation of S.C. Unfair Trade Practices Act (optional)

8. Prayer for Relief

9. Jury Demand
10. Verification
11. Signature Block

1. INTRODUCTION

1. Plaintiff brings this action to obtain statutory relief, including vehicle replacement or refund, costs, and attorney’s fees, arising from Defendants’ failure to conform a new motor vehicle to its express warranty as required by the South Carolina Motor Vehicle Express Warranty Enforcement Act, S.C. Code Ann. §§ 56-28-10 et seq. (the “SC Lemon Law”).

2. PARTIES

2. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is a citizen and resident of [County], South Carolina, and the purchaser/lessee of the Vehicle described herein.
3. Defendant [MANUFACTURER] (“Manufacturer”) is a [State] corporation with its principal place of business at [Address] and is authorized to do business in South Carolina.
4. Defendant [DEALERSHIP] (“Dealer”) is a South Carolina corporation with its principal place of business at [Address] and was the selling dealer of the Vehicle.

3. JURISDICTION AND VENUE

5. Jurisdiction is proper under S.C. Code Ann. § 36-2-803 because Defendants transact business and committed tortious acts within this State.
6. Venue is proper in this Court pursuant to S.C. Code Ann. § 15-7-30 because a substantial part of the transactions and occurrences giving rise to this action occurred in [County] County.

4. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below:
(a) “Act” means the SC Lemon Law, S.C. Code Ann. §§ 56-28-10 to -110.
(b) “Vehicle” means the [YEAR] [MAKE] [MODEL], Vehicle Identification Number (“VIN”) ☐, purchased by Plaintiff on [Purchase Date].
(c) “Nonconformity” means a defect or condition that substantially impairs the use, market value, or safety of the Vehicle, as defined in § 56-28-10(6).
(d) “Express Warranty” means the Manufacturer’s new-vehicle limited warranty provided to Plaintiff at the time of purchase.
(e) “Informal Dispute Settlement Procedure” or “IDSP” means any Manufacturer-sponsored arbitration program certified under § 56-28-70.

5. FACTUAL ALLEGATIONS

7. On [Purchase Date], Plaintiff purchased the Vehicle from Dealer for the total purchase price of $[___] (“Purchase Price”).
8. The Vehicle was accompanied by the Manufacturer’s Express Warranty covering [duration/mileage].

9. Beginning on or about [Date], the Vehicle manifested the following Nonconformities:
   a. [e.g., Engine stalling at highway speeds];
   b. [e.g., Transmission slipping]; and
   c. [Other Defects].

10. Plaintiff presented the Vehicle to authorized service facilities for repair on at least [three (3)] separate occasions, specifically on [Dates], and the Vehicle was out of service for repairs for an aggregate total of [≥ 30] days. Detailed repair orders are attached hereto as Exhibit A.

11. Despite these repair attempts, the Nonconformities persist, substantially impairing the Vehicle’s use, value, and safety.
12. On [Notice Date], Plaintiff provided written notice to Manufacturer, via certified mail, of the Nonconformity and a final opportunity to cure, as required by § 56-28-50(A).
13. Manufacturer failed to remedy the Nonconformity within the statutory 20-day period.

6. STATUTORY & PROCEDURAL PREREQUISITES

14. To the extent an IDSP certified under § 56-28-70 exists, Plaintiff [HAS / HAS NOT] submitted the dispute to such program.
    a. If participated, the IDSP [did / did not] render a decision favorable to Plaintiff, copy attached as Exhibit B.
    b. If no certified IDSP exists, this prerequisite is inapplicable under § 56-28-70(B).

15. All conditions precedent to the maintenance of this action have been performed, waived, or otherwise satisfied.

7. CAUSES OF ACTION

COUNT I – Violation of South Carolina Motor Vehicle Express Warranty Enforcement Act
(against Manufacturer)

16. Paragraphs 1–15 are incorporated herein by reference.
17. The Vehicle qualifies as a “motor vehicle” under § 56-28-10(2).
18. Manufacturer failed to conform the Vehicle to the Express Warranty after a reasonable number of attempts as defined in § 56-28-20.
19. Pursuant to § 56-28-30(A), Plaintiff is entitled to elect either (i) replacement with a comparable new vehicle or (ii) refund of the full Purchase Price less a reasonable allowance for use, together with collateral charges, attorney’s fees, and costs.

COUNT II – Breach of Express Warranty under U.C.C.
(against Manufacturer and Dealer)

20. Paragraphs 1–19 are incorporated herein by reference.
21. Under S.C. Code Ann. § 36-2-313, Defendants’ affirmations and written warranty constituted express warranties.
22. Defendants breached said warranties by failing to repair or replace the Vehicle’s defective components.
23. Plaintiff suffered damages equal to the Purchase Price, incidental and consequential damages, and attorney’s fees as allowed by law.

COUNT III – Breach of Implied Warranty of Merchantability
(optional; against Dealer)

24. Paragraphs 1–23 are incorporated herein by reference.
25. Dealer impliedly warranted that the Vehicle was merchantable under § 36-2-314.
26. The persistent Nonconformities render the Vehicle unmerchantable, causing Plaintiff damages.

COUNT IV – Violation of South Carolina Unfair Trade Practices Act
(optional; against all Defendants)

27. Paragraphs 1–26 are incorporated herein by reference.
28. Defendants engaged in unfair or deceptive acts by selling a defective Vehicle and failing to honor warranty obligations, in violation of S.C. Code Ann. § 39-5-20.
29. Plaintiff is entitled to actual damages, treble damages, and attorney’s fees under § 39-5-140.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendants, jointly and severally, as follows:
A. Replacement of the Vehicle with a new comparable vehicle OR refund of the Purchase Price, taxes, title, license fees, and collateral charges, as elected by Plaintiff;
B. Incidental and consequential damages and/or diminution in value, not to exceed the Vehicle’s Purchase Price unless otherwise permitted by law;
C. Statutory attorney’s fees and costs pursuant to § 56-28-30(B);
D. Treble damages under the Unfair Trade Practices Act, if Count IV is asserted and proven;
E. Pre- and post-judgment interest as allowed by law;
F. All such other and further relief, both legal and equitable, including injunctive relief, as the Court deems just and proper.

9. JURY DEMAND

30. Pursuant to Article I, § 14 of the South Carolina Constitution and S.C. R. Civ. P. 38, Plaintiff demands a trial by jury on all issues so triable.

10. VERIFICATION

[PLAINTIFF NAME], being duly sworn, deposes and says that the facts set forth in the foregoing Complaint are true and correct to the best of [his/her] knowledge, information, and belief.

__________________________________ Date: _____________
[PLAINTIFF NAME], Plaintiff

11. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
Address: [___]
Phone: [___]
Email: [___]

By: ____________________________________
[ATTORNEY NAME] (SC Bar No. ☐)
Counsel for Plaintiff

Date: ____________________

END OF COMPLAINT

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