Lemon Law Demand Letter — South Carolina

LEMON LAW DEMAND LETTER

STATE OF SOUTH CAROLINA

South Carolina Motor Vehicle Warranty Enforcement Act — S.C. Code Ann. §§ 56-28-10 through 56-28-80

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY — SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

[__/__/____]

[________________________________] (Manufacturer)
ATTN: Customer Relations / Legal Department
[________________________________]
[________________________________]

[________________________________] (Authorized Dealer)
ATTN: General Manager / Service Manager
[________________________________]
[________________________________]

Re: SOUTH CAROLINA LEMON LAW STATUTORY DEMAND — S.C. CODE ANN. § 56-28-40(B) NOTICE
Consumer: [________________________________]
Vehicle: [____] [________________________________] [________________________________] [________________________________]
VIN: [________________________________]
Purchase / Lease Date: [__/__/____]
Odometer at Purchase: [____] miles
Current Odometer: [____] miles
Mileage at First Repair Report: [____] miles

Dear Sir or Madam:

This law firm represents [________________________________] ("Consumer") regarding a defective [____] [________________________________] (VIN: [________________________________]) that qualifies as a "lemon" under the South Carolina Motor Vehicle Warranty Enforcement Act, S.C. Code Ann. §§ 56-28-10 through 56-28-80 ("SC Lemon Law"), and the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.

This letter constitutes the written notification to the manufacturer required by S.C. Code Ann. § 56-28-40(B), triggering your ten (10) business-day window to make a final repair attempt. If the defect is not cured within that period, our Client will proceed directly to South Carolina state court or federal court — no arbitration is required under South Carolina law before filing suit.

I. SOUTH CAROLINA LEMON LAW: KEY PROVISIONS

A. Statutory Authority

This demand is made under the South Carolina Motor Vehicle Warranty Enforcement Act, S.C. Code Ann. §§ 56-28-10 through 56-28-80. The Act provides consumers with the right to demand repurchase or replacement of a nonconforming new motor vehicle when the manufacturer has been given a reasonable number of attempts to repair a defect.

B. Covered Vehicles — S.C. Code Ann. § 56-28-20(3)

South Carolina's Lemon Law covers new motor vehicles purchased or leased for personal, family, or household purposes, including:

• Passenger automobiles, SUVs, and light trucks
• The chassis, engine, and mechanical components of motor homes (but NOT the living facilities portion)

Excluded vehicles:

• Motorcycles
• Vehicles with GVWR over 26,000 pounds
• The living facilities portion of motor homes

The [____] [________________________________] with GVWR of approximately [____] lbs falls within the covered vehicle category.

C. Lemon Law Rights Period — S.C. Code Ann. § 56-28-30

The South Carolina Lemon Law Rights Period is the shorter of:

• The term of the express manufacturer's warranty; OR
• One (1) year from the date of original delivery to the consumer.

The vehicle was delivered on [__/__/____]. The Lemon Law Rights Period expires on [__/__/____] (one year from delivery) or upon expiration of the express warranty, whichever is earlier. All repair attempts occurred within the Lemon Law Rights Period.

D. Three-Repair Presumption — South Carolina's Lower Threshold

South Carolina requires only THREE (3) repair attempts for the same defect — lower than most other states (which typically require four). Under S.C. Code Ann. § 56-28-40(A), a rebuttable presumption that a reasonable number of attempts have been made is established when:

Option 1 — Same Defect (3 Attempts):
The same nonconformity has been subject to repair three (3) or more times by the manufacturer or its authorized dealers, the defect substantially impairs the vehicle's use, market value, or safety, and the nonconformity has not been cured.

Option 2 — Safety Defect (1 Attempt):
The nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven, and the condition has been subject to repair at least one (1) time.

Option 3 — Out of Service (30 Days):
The vehicle has been out of service by reason of repair for a cumulative total of thirty (30) or more calendar days (not business days) during the Lemon Law Rights Period.

E. Written Notice Requirement — S.C. Code Ann. § 56-28-40(B)

Before a consumer may seek a refund or replacement, the consumer must provide written notice to the manufacturer of the nonconformity. The manufacturer then has ten (10) business days from receipt of this notice to make a final repair attempt.

THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTICE. The ten (10) business-day clock begins upon your receipt of this certified letter.

F. No Mandatory Pre-Suit Arbitration — South Carolina's Consumer-Friendly Rule

South Carolina does NOT require consumers to submit to manufacturer-sponsored arbitration before filing suit. Under S.C. Code Ann. § 56-28-60, while a manufacturer may offer an informal dispute settlement procedure, it is entirely voluntary for the consumer. Our Client is not obligated to participate in any manufacturer arbitration program and may proceed directly to court after exhausting the statutory notice and final repair opportunity requirements.

This distinguishes South Carolina from states like Georgia and Florida that impose mandatory pre-suit arbitration steps. Our Client may file suit immediately upon expiration of the ten (10) business-day final repair window if the defect is not cured.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

All defects described herein arose and were first reported to the dealer within the Lemon Law Rights Period and within the applicable warranty coverage.

IV. DEFECT DESCRIPTION

A. Nature of Nonconformity

The vehicle suffers from the following nonconformity(ies) that substantially impair its use, market value, or safety, as required for Lemon Law coverage under S.C. Code Ann. § 56-28-30:

PRIMARY DEFECT:

ADDITIONAL DEFECT(S) (if applicable — repeat for each):

V. REPAIR HISTORY

Repair Attempt No. 1

Repair Attempt No. 2

Repair Attempt No. 3

(Add additional repair attempts as needed.)

Summary of Repair Attempts and Out-of-Service Days

VI. LEMON LAW QUALIFICATION ANALYSIS

Our Client's vehicle meets the SC Lemon Law presumption under S.C. Code Ann. § 56-28-40(A) on the following basis:

☐ THREE-REPAIR THRESHOLD MET: The same nonconformity ([________________________________]) has been subject to repair [____] times — equaling or exceeding the three (3) attempt threshold. South Carolina requires only three attempts (versus four in many states), and that threshold has been satisfied.

☐ SAFETY DEFECT — ONE ATTEMPT: The defect ([________________________________]) is likely to cause death or serious bodily injury if the vehicle is driven, and has been subject to at least one repair attempt without cure.

☐ 30-DAY OUT-OF-SERVICE THRESHOLD MET: The vehicle has been out of service for a cumulative total of [____] calendar days — equaling or exceeding the 30-day threshold. Days are counted in calendar days (not business days) per SC law.

☐ COMBINATION: Both the repair attempt threshold and the out-of-service threshold have been met.

VII. DEMAND FOR RELIEF

Pursuant to S.C. Code Ann. § 56-28-30, we hereby demand:

A. Primary Relief — Select One

☐ FULL REFUND (REPURCHASE)

Under S.C. Code Ann. § 56-28-30(A), the manufacturer must refund to the consumer:

South Carolina Use Allowance Formula (S.C. Code Ann. § 56-28-30(A)):

Reasonable Use Allowance = Full Contract Price × (Miles Driven Before First Repair Report ÷ 100,000)

= $[____] × ([____] miles ÷ 100,000)
= $[____]

☐ COMPARABLE REPLACEMENT VEHICLE

Under S.C. Code Ann. § 56-28-30(B), the manufacturer shall provide a new, comparable motor vehicle acceptable to the Consumer, of the same or reasonably equivalent value, plus reimbursement of all incidental expenses.

B. Additional Relief Demanded

1. Payoff of Outstanding Loan/Lease: Manufacturer must pay off outstanding balance owed to [________________________________] (lienholder) in the amount of approximately $[____].

2. Attorney's Fees and Costs: Under S.C. Code Ann. § 56-28-90, a consumer who prevails under the SC Lemon Law is entitled to recover reasonable attorney's fees and court costs.

3. Magnuson-Moss Recovery: In addition to state law claims, our Client has a claim under the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., which independently provides for recovery of attorney's fees to a prevailing consumer.

4. Incidental Damages: All documented incidental expenses including:
   - Rental car costs: $[____]
   - Towing charges: $[____]
   - Other transportation costs: $[____]
   - Total incidental damages: $[____]

VIII. FINAL REPAIR OPPORTUNITY — 10-BUSINESS-DAY WINDOW

This letter provides [________________________________] (Manufacturer) with the final repair opportunity required under S.C. Code Ann. § 56-28-40(B).

You have ten (10) business days from receipt of this certified letter to make a final attempt to cure the nonconformity described herein.

To schedule the final repair attempt, contact the undersigned within five (5) business days of receipt. We will coordinate delivery of the vehicle to an authorized [________________________________] dealer in South Carolina at your expense.

If the defect is not cured within the ten (10) business-day period, our Client will proceed directly to court without further notice.

IX. SOUTH CAROLINA DMV — TITLE ISSUES

Upon repurchase or replacement, the manufacturer must coordinate with the South Carolina Department of Motor Vehicles (SCDMV) to:

1. Transfer title of the returned vehicle from the consumer to the manufacturer;
2. Issue a branded/salvage title indicating the vehicle was repurchased under the Lemon Law (if required by SCDMV);
3. For replacement vehicles, process a new title registration in the consumer's name.

Contact SCDMV at: https://www.scdmvonline.com or (803) 896-5000.

X. DOCUMENT AND EVIDENCE PRESERVATION

You are hereby directed to immediately preserve all documents and electronically stored information related to this vehicle and consumer, including:

• All repair orders, warranty claims, and technician notes
• All Technical Service Bulletins (TSBs) related to the reported defect
• All communications between dealer and manufacturer regarding this vehicle
• Customer satisfaction survey responses and complaints
• Engineering analyses, root cause investigations, and defect escalation records
• Any records of other consumers reporting the same or similar defect on the same vehicle model/year
• The vehicle itself (do not dispose of, auction, or alter the vehicle)

XI. RESPONSE DEADLINE

Please respond in writing within ten (10) business days of receipt of this letter with:

1. Your position on whether the vehicle qualifies for Lemon Law relief;
2. Your offer of repurchase or replacement, with full financial breakdown; OR
3. Confirmation of the scheduled final repair attempt.

If we do not receive a satisfactory response within the stated period, our Client will:

☐ File suit in South Carolina Circuit Court (no arbitration required under SC law)
☐ File in the U.S. District Court for the District of South Carolina under Magnuson-Moss
☐ Report this matter to the South Carolina Department of Consumer Affairs
☐ Contact the South Carolina DMV regarding the vehicle's title history

XII. RESERVATION OF RIGHTS

This letter is written without prejudice to all rights and remedies of our Client under applicable law, all of which are expressly reserved.

Respectfully submitted,

[________________________________]

By: _________________________________
[________________________________]
South Carolina Bar No. [____]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Attorneys for [________________________________]

ENCLOSURES:

☐ Copies of all repair orders (Attempts 1 through [____])
☐ Copy of purchase agreement / lease contract
☐ Copy of manufacturer's warranty booklet
☐ Vehicle registration and title
☐ Photographs and/or video of defect manifestation
☐ Prior written correspondence with manufacturer or dealer
☐ Rental car and towing receipts
☐ Authorization to represent

cc: [________________________________] (Consumer)
[________________________________] (Lienholder / Lease Company, if applicable)
South Carolina Department of Consumer Affairs, 2801 Devine Street, Columbia, SC 29205

SOUTH CAROLINA-SPECIFIC NOTES

Only 3 Repair Attempts Required: South Carolina's presumption threshold of three (3) repair attempts for the same defect is lower than most states, which commonly require four. This means South Carolina consumers can invoke Lemon Law rights sooner. Any attorney handling SC lemon law cases should confirm the defect has been presented identically in the repair records — inconsistent complaint descriptions across repair orders can undercut the "same defect" requirement.

No Mandatory Arbitration — Go Straight to Court: S.C. Code Ann. § 56-28-60 does not obligate consumers to submit to manufacturer arbitration programs before suing. This is a significant advantage over states like Georgia (BBB Auto Line mandatory) and makes South Carolina more litigation-friendly for consumers. Do not agree to arbitration unless there is a strategic reason to do so.

1 Repair Attempt for Safety Defects: If the defect creates a risk of death or serious bodily injury, only ONE failed repair attempt is needed to trigger the Lemon Law presumption. Document any safety-related defects with particular specificity.

Calendar Days for Out-of-Service Count: South Carolina counts out-of-service days in calendar days, not business days. Days the vehicle was waiting for parts or kept overnight between repair sessions all count toward the 30-day threshold.

Use Allowance Is Consumer-Favorable: The use allowance formula (miles at first repair ÷ 100,000 × purchase price) can be quite small if the defect was reported early in the vehicle's life. Reporting defects at low mileage minimizes the use allowance and maximizes the refund.

SCDMV Title Branding: Repurchased lemon vehicles in South Carolina receive a "manufacturer repurchase" brand on the title, preventing resale without disclosure. Verify the manufacturer coordinates properly with SCDMV to avoid title cloud issues.

Attorney's Fees Are Mandatory if Consumer Prevails: S.C. Code Ann. § 56-28-90 entitles a prevailing consumer to reasonable attorney's fees, not merely at the court's discretion. This shifts fee risk onto manufacturers and makes SC lemon law cases more accessible for consumers with contingency-fee attorneys.

Statute of Limitations: Claims must be brought within one (1) year after the expiration of the Lemon Law Rights Period (i.e., the shorter of the warranty period or one year from delivery). Do not delay filing after the Rights Period expires.

SOUTH CAROLINA LEMON LAW QUICK REFERENCE

SOURCES AND REFERENCES

• S.C. Code Ann. §§ 56-28-10 through 56-28-80 — SC Motor Vehicle Warranty Enforcement Act: https://www.scstatehouse.gov/code/t56c028.php
• S.C. Code Ann. § 56-28-30 — Consumer remedies (refund or replacement with use allowance)
• S.C. Code Ann. § 56-28-40 — Rebuttable presumption (3 repair attempts; 30 calendar days out of service)
• S.C. Code Ann. § 56-28-40(B) — Written notice to manufacturer; 10 business-day final repair window
• S.C. Code Ann. § 56-28-60 — Informal dispute settlement procedures (voluntary, not mandatory)
• S.C. Code Ann. § 56-28-90 — Attorney's fees to prevailing consumer
• 15 U.S.C. § 2301 et seq. — Magnuson-Moss Warranty Act (federal attorney's fees)
• South Carolina Department of Consumer Affairs — consumer.sc.gov — (803) 734-4200
• South Carolina DMV — scdmvonline.com — (803) 896-5000
• FTC: 16 C.F.R. Part 703 — Informal Dispute Settlement Procedures (Magnuson-Moss)

This template is for informational purposes only and does not constitute legal advice. Consult a licensed South Carolina attorney before use.