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),
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-
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),
Required consumer notice: Written notice to the manufacturer or
agent by registered, certified or express mail (§ 56-28-50(B), (C),
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-
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-
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).