AUTOMOBILES
We assist buyers in disputes with DEALERS, MANUFACTURERS, LENDERS
- Used and New Car Warranty
- Lemon Law complaints
- Odometer rollbacks
- Prior wrecks
- Wrongful repossession
- Negligent Car Repairs
- Automobile Financing
- Buy Here/ Pay Here
Warranties Warranties can be
in writing or verbal. New cars usually come with a written
warranty from the Manufacturer. If you are sold an Extended
Warranty with a new car, you need to understand the exact
coverage it provides in addition to the manufacturer’s
warranty. Used cars may have warranties provided by the
Dealer or by a third party Service Contract, or be sold
AS-IS. Used cars must have a Used Car Guide attached to the
window of the vehicle when placed on the lot for sale.
SC Uniform Commercial Code
The SC UCC provides for certain remedies for defects in the
goods that are sold, or in warranties that fail to correct
the defects. These warranties can be found at SC Code
36-2-313 and 314, and in sections 714 and 715.
Federal Magnuson-Moss Act 15
USC 2301 provides for recovery of costs and attorney’s fees
for breach of a written warranty covering a consumer good.
Lemon Law The South Carolina
Lemon Law is set out in SC Code 56-28-10 et seq. This law
provides remedies for NEW cars, within 12 months or 12000
miles, experiencing three or more attempts to correct
substantial defects in the operability and safety of the
car. This law is patterned after the Magnuson-Moss Act, and
sets certain remedies and recovery of costs and attorney’s
fees.Odometer Rollbacks and prior Wrecks
Besides warranties, remedies are available under 49 USC
32701 for odometer tampering or mileage disclosure fraud.
“Motor Dealer Act” SC Code 56-15-10 prohibits unfair and deceptive practices by motor vehicle dealers and manufacturers. This Act allows for doubling of damages, and recovery of costs and attorney’s fees.
Repossessions The SC Consumer Protection Code (SCCPC) sets out very specific notices that must be sent by a lender before it can call a loan due, or repossess a vehicle. See SC Code 37-5-110 and 111. In addition, The SCUCC, SC Code 36-9-601 and related sections require various disposition notices from the lender before a repossessed vehicle can be sold. Violations of the SCCPC and the SCUCC give rise to various remedies.
Financing If the Dealer sets up the financing, whether it is assigned to another lender or part of a Buy Here/Pay Here scheme, the Dealer is required to make various disclosures concerning the loan. These disclosures are set out in SC Code 37-2-301 (SCCPC) and the federal truth in lending act, 15 USC 1601.
160 Hidden Hill Road
PO Box 6326
Spartanburg, SC 29304
(864) 574-0870
