South Carolina's lemon law and your rights as a buyer

What the lemon law protects, what it doesn't, and what rights you keep when you buy used. With the state's exact deadlines.

This guide summarizes the recorded scope for South Carolina (S.C. Code Title 56, chapter 28 (§ 56-28-10 and siguientes)). Eligibility, deadlines and notice requirements depend on the law and applicable coverage; read the state conditions below, including used-vehicle conditions where relevant.

What it covers

New private passenger vehicles as classified by § 56-3-630 — up to ten people, and trucks with an empty weight of 9,000 pounds or less and a gross weight of 11,000 pounds or less — plus two-wheel and three-wheel motorcycles; also new demonstrator and leased new vehicles, sold and registered in South Carolina for personal, family or household use, with a defect that substantially impairs use, value or safety (§ 56-28-10).

Rights period: The defect must appear and be reported within the first 12 months or 12,000 miles, whichever comes first. A lawsuit must be filed within 3 years of original delivery.

When it is presumed a lemon

Three or more unsuccessful repairs of the same defect, or 30 or more cumulative days out of service, within that period. If the maker disclosed it at sale, you must notify it in writing, by mail with proof of delivery; it then gets one final repair attempt of up to 10 business days.

The presumption does not replace the other requirements. Check the official conditions and procedure for your situation.

The process

First the maker's informal dispute program, if it meets federal rule 16 CFR 703 (usually decides within 40 days and its decision binds the maker). If the maker has no program, SCDCA may set up a state arbitration board. If you are not satisfied, you can go to court.

Who handles it: South Carolina Department of Consumer Affairs (SCDCA).

Hotline: (800) 922-1594 (en SC) · 803-734-4200.

What you get if you win

The maker chooses: a comparable replacement or a refund of the full price, including finance charges, taxes and license and registration fees, minus a use offset: price × miles before the first report ÷ 120,000. The court may award attorney's fees.

What it does not cover

Used cars; mopeds; trucks over 9,000 pounds empty weight or over 11,000 pounds gross weight; vehicles designed for more than ten people; off-road vehicles; the living area of RVs; defects that appear after 12 months or 12,000 miles; damage from accident, abuse, neglect or modifications; cars not sold and registered in SC or bought for resale (§ 56-28-10, § 56-3-630).

I bought used: what do I have left

More than it seems, even if it isn't the lemon law:

• The Buyers Guide (FTC). The guide states the dealer warranty. "As Is" describes that warranty; it does not by itself resolve other state-law rights or remaining manufacturer coverage. The federal rule applies in 48 states (Maine and Wisconsin have their own equivalent rules). If the sale is conducted in Spanish, the dealer must post a Spanish-language Buyers Guide.
• Remaining manufacturer warranty. Check the warranty contract and its duration and transfer conditions; vehicle age does not guarantee coverage.
• In South Carolina: There is no used-car lemon law. The dealer must post the federal Buyers Guide, which says whether the sale is "as is" or with a warranty. The Unfair Trade Practices Act (S.C. Code § 39-5-20) bans deception, and willful violations can bring triple damages (§ 39-5-140). The brand is on the title. There is no 3-day right to cancel. Complaints go to SCDCA and, against dealers, to SCDMV.