Law for Young Adults

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Under federal law, you have the right to one free credit report every 12 months from each of the three major credit-reporting agencies. Check your reports for inaccurate data that could hurt your ability to get credit or a loan. Also, incorrect information can be a red flag that someone is using your identity to get credit without your knowledge. How long does it take to fix bad credit? It depends on the seriousness of your past problems. The files could go back seven years (or 10 years for bankruptcies). You may obtain your file to review what has been collected from your credit history. If you have been denied credit based on credit report information, you can get a free copy of the report from the credit bureau if you ask for it within 60 days. And if it contains mistakes, you have the right to ask for corrections. What is collateral? Collateral is an item of value that is accepted by the lender as back-up payment in case you are unable to repay your loan. If you buy a car, for example, and agree to installment payments, the car itself may be the collateral. The lender could then repossess the car if you fail to make your payments. Can a lender have different rules for making loans to women, men or minorities? No. It is unlawful for a creditor to discriminate against any applicant because of race, sex or marital status. Lenders can only make distinctions based on the applicant’s credit rating. (Equal Credit Opportunity Act - 15 U.S.C. 1691 Section 701)

SMART SHOPPING Suppose you spent all of your savings on a new car—only to have it break down repeatedly. Or your new microwave oven failed to work the first day. Or the new watch given to you at your high school graduation has never told time. There are laws intended to help you—the consumer—protect yourself against unfair transactions and sales scams or when a newly purchased product fails to work. There are federal and South Carolina laws that govern consumer transactions and provide valuable protections for consumers. Below are some specific examples.

Should I really shop and compare before I buy something? Compare products on the basis of features, warranty protection and price. The best buy isn’t always the cheapest. Use the Yellow Pages and magazines like Consumer Reports to help you. Advertisements can provide useful information. Too often, though, ads appeal to your emotions rather than your intelligence. While there are laws against deceptive advertising, it’s still best to avoid a problem by watching out for deceptive ads rather than getting snared by them and having to rely on a law or someone else to get you out of a mess. What happens if I buy a new car and it turns out to be a lemon? If you buy a new car and it turns out to be a lemon— a car that repeatedly breaks down or has a substantial defect—you must notify the dealer and give them a chance to fix the car. If the problem cannot be fixed within a reasonable time, the manufacturer must replace the car or provide a full refund for the return of the car. South Carolina’s “Lemon Law” does not apply to the purchase of used cars. What protections do I have if a buy a used car? South Carolina law provides basic implied warranties for consumers buying used cars. These implied warranties include: 1. warranty of title (the seller has clear title to the car), 2. implied warranty of merchantability (the car is fit for the ordinary purposes for which cars are used), and 3. implied warranty of fitness for a particular purpose (the seller is aware that the consumer is buying the car for a particular purpose and the consumer relies on the seller’s assertions that the car is fit for that purpose). Other than these very specific warranties implied by law, most used cars are sold “as is.” If a used car comes with additional warranties, these express warranties should be in writing. Although an express warranty does not need to be in writing, it is often difficult to prove an oral warranty. Do I have the right to change my mind and back out of a contract? If you purchase goods from a door to door sales16


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