Lemon Law
S.C. Code 56-28-30 and S.C. Code 56-28-50 — twelve months or twelve thousand miles, three repair attempts or thirty or more days in the shop
When a new motor vehicle does not conform to its express warranties within the first twelve months after purchase or the first twelve thousand miles, whichever comes first, and the consumer reports it during the warranty, the manufacturer makes the repairs needed at no cost, even if they are done after the term ends.
Three attempts, or a long stay in the shop. A reasonable number of attempts is presumed when the same defect has been repaired three or more times within the warranty term and continues, or the vehicle has been out of service for repairs for a total of thirty or more calendar days during the warranty.
If the manufacturer was clear at the sale that written notice is required, the consumer first notifies the manufacturer in writing. Within ten business days the manufacturer names a dealer's repair facility, and has a final ten business days after delivery there to fix it.
A replacement or a refund. If a defect that substantially impairs use, market value or safety cannot be fixed, the manufacturer replaces the vehicle with a comparable one, or takes it back and refunds the full purchase price with finance charges, taxes and fees, less an allowance for use: the price times a fraction with the miles driven before the first report on top and one hundred twenty thousand as its denominator.
A defect caused by the consumer's abuse, neglect or modification does not count. Any action must be started within three years after the vehicle was first delivered, and a consumer who wins may recover costs and attorney's fees. A particular car is a question for a licensed South Carolina attorney.
Sources for this section (4)
- S.C. Code 56-28-30 — Nonconformity with express warranties; notice required; repairs required
- S.C. Code 56-28-40 — Replacement of motor vehicle; refund of purchase price
- S.C. Code 56-28-50 — Presumption of attempts to conform; obligations of manufacturer; costs and attorney's fees
- S.C. Code 56-28-70 — Lemon law; limitation of actions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.