Key takeaways
- Protection period: nonconformity must arise within the first 12 months of purchase or first 12,000 miles of operation, whichever occurs first, and be reported during the express warranty term.
- Repair attempts: same nonconformity subject to repair three or more times within the express warranty term and it continues to exist.
- Days out of service: cumulative total of 30 or more calendar days during the express warranty.
- Deadline: within three years following the date of original delivery of the vehicle to the consumer.
- The law is S.C. Code Ann. §§ 56-28-10 to 56-28-110. Read it with your repair orders and your warranty in front of you.
On this page
South Carolina's lemon law is S.C. Code Ann. §§ 56-28-10 to 56-28-110, the Enforcement of Motor Vehicle Express Warranties (South Carolina lemon law). It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
South Carolina lemon law at a glance
| Statute | S.C. Code Ann. §§ 56-28-10 to 56-28-110 |
|---|---|
| Official name | Enforcement of Motor Vehicle Express Warranties (South Carolina lemon law) |
| Vehicles covered | New private passenger motor vehicles and motorcycles (including three-wheel motorcycles) sold and registered in South Carolina and normally used for personal, family or household purposes. The living portion of recreational vehicles and off-road vehicles are excluded. |
| Leased vehicles | Yes, leased vehicles are covered. |
| Protection period | Nonconformity must arise within the first 12 months of purchase or first 12,000 miles of operation, whichever occurs first, and be reported during the express warranty term. |
| Repair attempts | Same nonconformity subject to repair three or more times within the express warranty term and it continues to exist. |
| Days out of service | Cumulative total of 30 or more calendar days during the express warranty. |
| Notice to the manufacturer | If the manufacturer clearly informed the consumer at sale, the consumer must give the manufacturer written notice (registered, certified or express mail) for a final opportunity to cure. The manufacturer has 10 business days to name a repair facility and then up to 10 business days to repair. |
| Dispute programs | If the manufacturer has a 16 CFR Part 703 dispute procedure or binding panel, the consumer must use it (or a state board if one is established) before getting refund or replacement. The statute lets the SCDCA Administrator create a state arbitration board for manufacturers without a qualifying program. |
| Deadline to bring a claim | Within three years following the date of original delivery of the vehicle to the consumer. |
| Remedies | Replacement with a comparable vehicle or, at the manufacturer's option, refund of the full purchase price including finance charges, sales taxes, license and registration fees, less a use allowance: full purchase price times miles driven before the first report, divided by 120,000. |
| Attorney's fees | Yes. A consumer who finally prevails may be allowed costs and expenses, including attorney's fees based on actual time expended, unless the court finds a fee award inappropriate. |
| Used vehicles | Used vehicles are not covered, per SCDCA. The statute's consumer definition covers anyone entitled by the warranty to enforce it, and a new motor vehicle includes demonstrators. |
Does your vehicle qualify in South Carolina?
The law covers new private passenger motor vehicles and motorcycles (including three-wheel motorcycles) sold and registered in South Carolina and normally used for personal, family or household purposes. The living portion of recreational vehicles and off-road vehicles are excluded. The protection period is nonconformity must arise within the first 12 months of purchase or first 12,000 miles of operation, whichever occurs first, and be reported during the express warranty term. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: Same nonconformity subject to repair three or more times within the express warranty term and it continues to exist.
- Days out of service: Cumulative total of 30 or more calendar days during the express warranty.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
If the manufacturer clearly informed the consumer at sale, the consumer must give the manufacturer written notice (registered, certified or express mail) for a final opportunity to cure. The manufacturer has 10 business days to name a repair facility and then up to 10 business days to repair.
If the manufacturer has a 16 CFR Part 703 dispute procedure or binding panel, the consumer must use it (or a state board if one is established) before getting refund or replacement. The statute lets the SCDCA Administrator create a state arbitration board for manufacturers without a qualifying program.
Deadline: Within three years following the date of original delivery of the vehicle to the consumer.
State resource: South Carolina Department of Consumer Affairs (SCDCA).
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
Replacement with a comparable vehicle or, at the manufacturer's option, refund of the full purchase price including finance charges, sales taxes, license and registration fees, less a use allowance: full purchase price times miles driven before the first report, divided by 120,000. Yes. A consumer who finally prevails may be allowed costs and expenses, including attorney's fees based on actual time expended, unless the court finds a fee award inappropriate. Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside South Carolina's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your South Carolina vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in South Carolina?
Under S.C. Code Ann. §§ 56-28-10 to 56-28-110, the presumption is met when same nonconformity subject to repair three or more times within the express warranty term and it continues to exist. The law also counts time in the shop: cumulative total of 30 or more calendar days during the express warranty.
How long do I have to file a lemon law claim in South Carolina?
Within three years following the date of original delivery of the vehicle to the consumer. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the South Carolina lemon law cover used cars?
Used vehicles are not covered, per SCDCA. The statute's consumer definition covers anyone entitled by the warranty to enforce it, and a new motor vehicle includes demonstrators. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the South Carolina lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in South Carolina?
If the manufacturer clearly informed the consumer at sale, the consumer must give the manufacturer written notice (registered, certified or express mail) for a final opportunity to cure. The manufacturer has 10 business days to name a repair facility and then up to 10 business days to repair. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in South Carolina?
If the manufacturer has a 16 CFR Part 703 dispute procedure or binding panel, the consumer must use it (or a state board if one is established) before getting refund or replacement. The statute lets the SCDCA Administrator create a state arbitration board for manufacturers without a qualifying program.
Can I recover attorney's fees under the South Carolina lemon law?
Yes. A consumer who finally prevails may be allowed costs and expenses, including attorney's fees based on actual time expended, unless the court finds a fee award inappropriate. We explain exactly how fees work in your case before you sign anything.