South Carolina Lemon Law

South Carolina's lemon law (S.C. Code Ann. §§ 56-28-10 et seq.) covers new motor vehicles - passenger cars, vans, motorcycles, and small trucks - that are both purchased AND registered in South Carolina. Demonstrator vehicles and leased new vehicles also qualify. The defect must appear within the first 12 months or 12,000 miles of operation, whichever ends first, and must substantially impair the use, market value, or safety of the vehicle. Used cars are not covered. Vehicles purchased out of state and later registered in South Carolina generally do not qualify - both purchase and registration must occur in the state.

South Carolina presumes a reasonable number of repair attempts has been made if the same nonconformity has been subject to repair three or more times by the manufacturer or its authorized dealer within the warranty term, OR the vehicle has been out of service by reason of repair for a cumulative total of 30 or more calendar days during the express warranty (the 30 days do not need to be consecutive). After meeting one of those thresholds, the consumer must give written notice to the manufacturer and a final opportunity to cure before pursuing the statutory refund or replacement remedy.

Yes, if the manufacturer has established an informal dispute settlement procedure that substantially complies with federal regulations (16 C.F.R. Part 703), South Carolina law requires consumers to first participate in that procedure before pursuing the lemon law refund or replacement remedy in court. Common qualifying programs include BBB AUTO LINE and certain manufacturer-run boards. Arbitration decisions are typically not binding on the consumer, so if you reject the result you may file suit. If the manufacturer has no qualifying program (or did not give you required notice of it), you can proceed directly to court.

Actions under South Carolina's Lemon Law must be commenced within three years following the date of original delivery to the consumer. Time spent in a qualifying informal dispute settlement procedure tolls the deadline. Note that the defect itself must be reported to the manufacturer within the 12-month/12,000-mile coverage period, and you must give the manufacturer the required notice and final repair opportunity before filing. Federal Magnuson-Moss Warranty Act claims typically borrow South Carolina's UCC four-year limitations period, which can give you additional time on parallel federal warranty claims.

No. South Carolina's Lemon Law applies only to new motor vehicles, including new demonstrators and new leased vehicles. Used cars are excluded. However, used vehicles sold with any written warranty (manufacturer or dealer) may be protected by the federal Magnuson-Moss Warranty Act, which allows recovery of attorney fees if the consumer prevails. Misrepresentations or undisclosed defects on used-car sales may also be actionable under the South Carolina Unfair Trade Practices Act, which permits treble damages and attorney fees. UCC implied warranty of merchantability also applies unless validly disclaimed by a clear 'as is' notice at sale.

If your vehicle qualifies, the manufacturer must either replace it with a comparable new motor vehicle or refund the full purchase price (including finance charges, sales taxes, license fees, registration fees, and similar government charges), minus a reasonable allowance for the consumer's use. South Carolina's offset formula uses the standard 120,000-mile denominator multiplied by miles driven before the first reported nonconformity. Prevailing consumers may recover attorney fees and costs. Additionally, manufacturers face administrative penalties of up to $1,000 per violation for failing to provide statutory disclosures, and resellers face $500-per-vehicle penalties for failing to disclose buyback status.