Automobile Disputes

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

automobile financing lawWarranties
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.


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This firm is a federally designated Debt Relief Agency under the United States Bankruptcy Laws, 11 USC §101.

 

Information contained on this website is for informational purposes only and does not constitute legal advice. Nothing contained herein should be construed to create an attorney-client relationship between Alford & Hart, LLC and any website visitor. Submission of information to Alford & Hart, LLC through this website will not create an attorney-client relationship between a website visitor and Alford & Hart, LLC.

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The Law Offices of David C. Alford, P.C.
160 Hidden Hill Rd., Spartanburg, SC 29301
864-574-0870

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Contact Information

The Law Offices of Alford & Hart, P.C.


160 Hidden Hill Road
Spartanburg, SC 29301

Phone: 864-574-0870
Email: visitor@alfordlaw.com