South Carolina Lemon Law: Do You Qualify?

South Carolina lemon law at a glance

Coverage window

The defect must appear within the first twelve months of purchase or the first twelve thousand miles of operation, whichever occurs first, and be reported to the manufacturer or its agent during the express warranty term.

Repair attempts

A reasonable number of attempts is presumed after the same nonconformity has been subject to repair three or more times within the express warranty term and still exists. There is no separate count for safety defects.

Days out of service

A cumulative total of thirty or more calendar days out of service for repair during the express warranty. The days need not be consecutive, according to the Department of Consumer Affairs.

Written notice

If the manufacturer clearly and prominently told you at the time of sale, you must give it written notice of the need for repair before using the Act, sent by registered, certified, or express mail. The manufacturer then gets a final opportunity to cure: ten business days to name a repair facility and, once you deliver the vehicle there, up to ten business days to repair it.

Remedy

The manufacturer replaces the vehicle with a comparable one or, at its option, refunds the full purchase price (with finance charges, sales taxes, license and registration fees) less an allowance for use of the price times miles before the first report over 120,000.

Used vehicles and deadline

An action must be commenced within three years following original delivery. Used vehicles are not covered; the Department of Consumer Affairs says so, and the Act requires that the original title has not been issued from the dealer.

South Carolina lemon law: frequently asked questions

How many repair attempts does the South Carolina lemon law require?

The Act presumes a reasonable number of attempts after three or more repairs of the same nonconformity by the manufacturer or its agent within the express warranty term, if the nonconformity continues to exist. The alternative is thirty or more cumulative calendar days out of service for repair during the express warranty.

How long do I have to sue?

Any action must be commenced within three years following the date of original delivery of the vehicle to the consumer (S.C. Code Ann. § 56-28-70).

Do I have to use the manufacturer's dispute program first?

If the manufacturer has an informal dispute procedure that substantially complies with 16 C.F.R. Part 703, or takes part in a binding consumer-industry panel, the refund and replacement section does not apply to a consumer who has not first used it or the alternate state arbitration procedure. The Administrator of the Department of Consumer Affairs may establish a state arbitration board by regulation; whether one exists is not addressed in the sources we reviewed.

Does the lemon law cover used or leased vehicles?

Used vehicles are not covered. The Act covers a new motor vehicle, one not used other than for demonstration whose original title has not been issued from the dealer. The consumer definition names the purchaser or lessor, and the Department of Consumer Affairs says leased new vehicles and demonstrators are covered.

Who chooses between a refund and a replacement?

The manufacturer. It replaces the vehicle with a comparable motor vehicle or, at its option, accepts return and refunds the full purchase price less an allowance for use (S.C. Code Ann. § 56-28-40).

Statutes cited on this page

• S.C. Code Ann. § 56-28-10(1) (definition of "consumer")
• S.C. Code Ann. § 56-28-10(5) (definition of "new motor vehicle")
• S.C. Code Ann. § 56-28-30 (nonconformity within the first twelve months or twelve thousand miles; repairs required)
• S.C. Code Ann. § 56-28-50(A)(1) (presumption: three or more repairs of the same nonconformity)
• S.C. Code Ann. § 56-28-50(A)(2) (presumption: thirty or more cumulative calendar days out of service)
• S.C. Code Ann. § 56-28-50(B) (written notice and the manufacturer's final opportunity to cure)
• S.C. Code Ann. § 56-28-60 (informal dispute settlement procedures)
• S.C. Code Ann. § 56-28-70 (action must be commenced within three years of original delivery)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.