How does the lemon law process work in South Carolina?
South Carolina's lemon law process is enforced through civil court, preceded by required manufacturer informal dispute resolution where certified.
1. Governing Statute
S.C. Code Ann. §§ 56-28-10 through 56-28-110 (Enforcement of Express Warranties Act / Lemon Law). Consumer assistance through the South Carolina Department of Consumer Affairs.
2. Coverage
Covers new passenger motor vehicles, including motorcycles, purchased or leased and registered in South Carolina. Excludes trucks over 10,000 lbs GVWR, motor home living quarters (chassis/powertrain covered), off-road vehicles, and used vehicles. Leased vehicles are covered. Business vehicles included if used primarily for personal, family, or household use.
3. Lemon Presumption
Under § 56-28-50, a reasonable number of attempts is presumed if within 1 year from delivery or 12,000 miles, whichever first: (a) the same nonconformity has been subject to repair 3 or more times, or (b) the vehicle is out of service for repair 30+ cumulative calendar days.
4. Notice to Manufacturer
The consumer must give the manufacturer written notice by certified mail of the alleged defect and one final opportunity to cure (§ 56-28-40).
5. Manufacturer's Buy-Back / Replacement
At the consumer's option, manufacturer must replace with a comparable new vehicle or refund the full purchase price including collateral charges (taxes, license, registration, dealer add-ons, finance charges), minus a reasonable allowance for use (statutory formula based on mileage).
6. Arbitration
If the manufacturer has a state-certified informal dispute settlement procedure (e.g., BBB AUTO LINE), the consumer must first resort to it (§ 56-28-60). Decision binds only the manufacturer.
7. Lawsuit & Fee-Shifting
A prevailing consumer recovers reasonable attorney's fees, costs, and expert witness fees (§ 56-28-90). Parallel claims under Magnuson-Moss (15 U.S.C. § 2310(d)) and the South Carolina Unfair Trade Practices Act (S.C. Code Ann. § 39-5-10) — which allows treble damages for willful violations — are common.
This is legal information, not legal advice.
- Defect surfaced close to the 12-month / 12,000-mile cutoff
- UTPA treble damages potential for willful manufacturer conduct
- Motor home chassis-vs-living-quarters classification dispute
- S.C. Code Ann. §§ 56-28-10 to 56-28-110 (Enforcement of Express Warranties Act)
- S.C. Code Ann. § 39-5-10 (Unfair Trade Practices Act)
- 15 U.S.C. § 2301 (Magnuson-Moss)
- 16 CFR Part 703
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.