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South Carolina

SOUTH CAROLINA Lemon Law:

S.C. Code Ann. §§ 56-28-10 to 56-28-110; see also S.C. Code

Ann. §§ 56-15-40(1), 56-15-110

Vehicles covered: Passenger motor vehicles as classified by S.C.

Code Ann. § 56-3-630, including demonstrators; excludes living

portion of recreational vehicles, motorcycles, motor-driven cycles,

and off-road vehicles sold and registered in state (§ 56-28-10(4),

(5)).

Persons covered: Purchasers or lessors, other than for resale, of

vehicles normally used for personal, family or household purposes,

and any other person entitled to enforce the warranty (§ 56-28-

10(1)).

Period covered: Defect must arise within first twelve months or

12,000 miles, whichever occurs first, and must be reported to

manufacturer during warranty term. If manufacturer is unable to

conform vehicle to warranty within the term, it must give the

consumer a replacement or refund.

Disclosure requirements: Manufacturer must provide information

about consumer complaint remedies and dispute resolution procedure;

manufacturer has ten days to notify consumer of accessible

repair facility after receiving consumer’s notice; notices must be

sent by certified, registered or express mail (§ 56-28-50(B), (C),

(E)).

Required consumer notice: Written notice to the manufacturer or

agent by registered, certified or express mail (§ 56-28-50(B), (C),

(E)).

Repair requirements: It is presumed a reasonable number of attempts

have been made if there have been three or more repair

attempts, or the vehicle is out of service for a cumulative total of

thirty calendar days (§ 56-28-50(A)).

Affırmative defenses: The nonconformity does not substantially

impair the use, market value, or safety of the vehicle, or is the result

of consumer’s abuse, neglect, or alterations (§ 56-28-40); three

year limitations period (§ 56-28-70).

Replace/refund: At the manufacturer’s option, replacement or refund

of the purchase price, including finance charges, sales taxes,

license fees and registration fees, less a use allowance (§ 56-28-

40).

Other reimbursement: Collateral charges (defined) (§ 56-28-40);

costs and expenses, including attorney fees, and all other costs

attributed to the nonconformity (§ 56-28-50(D)).

Other remedies: No cause of action created against dealer (§ 56-

28-80). A consumer has a cause of action for double damages and

attorney fees (plus treble damages if malice is shown) against a

dealer or manufacturer that engages in any arbitrary, bad faith, or

unconscionable action; this statute has also been applied to warranty

cases (§§ 56-15-40(1), 56-15-110).

Informal dispute resolution: A consumer must first utilize an

alternative dispute resolution established by the manufacturer,

provided that procedure complies with 16 C.F.R. pt. 703 (§ 56-

28-60).

Resale of lemon: Manufacturer must provide twelve month or

12,000 mile warranty. Full disclosure to both wholesale and consumer

purchasers is required (§§ 56-28-100, 56-28-110).