Last verified: February 2026
Key Points
- Primary Law: South Carolina Lemon Law (S.C. Code Ann. §§ 56-28-10 to 56-28-110)
- Coverage: New private passenger motor vehicles, trucks under 9,000 lbs. gross weight, and motorcycles
- Presumption: 3 repair attempts for the same defect OR 30+ days out of service
- Timeframe: Within 12 months or 12,000 miles, whichever occurs first
- Remedies: Replacement vehicle or full refund (manufacturer’s option)
- Attorney Fees: Prevailing consumers may recover attorney fees and costs
Quick Penalties Overview
| Violation Type | Consumer Remedy | Additional Penalties |
|---|---|---|
| Failure to repair after reasonable attempts | Refund or replacement | Court costs and attorney fees |
| Failure to report repurchased vehicles | Administrative penalty | Up to $1,000 per violation |
| Failure to notify subsequent purchaser | Administrative penalty | Up to $500 per vehicle |
Table of Contents
📑 Table of Contents (click to expand)
- The South Carolina Lemon Law
- What Vehicles Are Covered
- South Carolina’s Lemon Law Presumption
- Consumer Remedies: Refund vs. Replacement
- How to File a Lemon Law Claim
- Written Notice Requirements
- Informal Dispute Settlement Procedures
- Manufacturer Defenses
- Resale of Returned Vehicles
- Statute of Limitations
- Frequently Asked Questions
- Resources and Legal Help
The South Carolina Lemon Law
South Carolina’s lemon law, codified at S.C. Code Ann. §§ 56-28-10 to 56-28-110, provides protections for consumers who purchase defective new motor vehicles in the Palmetto State. The law requires manufacturers to repair vehicles that do not conform to express warranties, and when repairs fail after a reasonable number of attempts, to provide a replacement vehicle or refund.
A key feature of South Carolina’s law is its requirement that manufacturers provide annual written summaries of all vehicles repurchased or replaced under the lemon law to the Department of Consumer Affairs. This reporting requirement helps the state monitor manufacturer compliance and identify patterns of defects.
The law specifically places liability on manufacturers rather than dealers, protecting local dealerships from being held responsible for manufacturing defects. Manufacturers cannot charge back or require reimbursement from dealers for costs arising from lemon law claims unless the dealer performed repairs inconsistently with the manufacturer’s published instructions.
What Vehicles Are Covered
South Carolina’s lemon law covers specific categories of new motor vehicles sold and registered in the state.
Covered Vehicle Types
- Private passenger motor vehicles: Vehicles designed for transporting 10 or fewer persons
- Trucks: Having an empty weight of 7,000 pounds or less AND a gross weight of 9,000 pounds or less
- Motorcycles: As defined in S.C. Code § 56-1-10(8)
- Three-wheel motorcycles: As defined in S.C. Code § 56-1-10(18)
- Demonstrator vehicles: Demo vehicles not previously titled from the dealer
Vehicles NOT Covered
- The living portion of recreational vehicles
- Off-road vehicles
- Used vehicles (vehicles previously titled to a consumer)
- Trucks exceeding the weight limits specified above
- Vehicles not sold and registered in South Carolina
Definition of New Motor Vehicle
Under South Carolina law, a “new motor vehicle” is one that:
- Has been sold to a new motor vehicle dealer by a manufacturer
- Has not been used for purposes other than demonstration
- Has not had the original title issued from the new motor vehicle dealer
South Carolina’s Lemon Law Presumption
Under S.C. Code Ann. § 56-28-50, South Carolina law creates a presumption that a reasonable number of repair attempts have been made if certain conditions are met within the express warranty term.
The Lemon Law Presumption Applies When:
| Condition | Requirement | Details |
|---|---|---|
| Repair Attempts (Same Problem) | 3 or more attempts | Same nonconformity repaired by manufacturer or agent within express warranty term |
| Days Out of Service | 30 or more cumulative calendar days | Vehicle unavailable due to repair during express warranty period |
| Coverage Period | 12 months or 12,000 miles | Whichever occurs first from date of purchase |
Extensions: The express warranty term and the 30-day period may be extended during any time when repair services are unavailable due to:
- War or invasion
- Strike
- Fire, flood, or other natural disaster
What Qualifies as a “Nonconformity”?
South Carolina defines a nonconformity as a defect or condition that substantially impairs the:
- Use of the motor vehicle
- Market value of the motor vehicle
- Safety of the motor vehicle
The nonconformity must NOT be the result of an accident, modification, or alteration by persons other than the manufacturer or its authorized service agent.
Consumer Remedies: Refund vs. Replacement
When a vehicle qualifies as a lemon under South Carolina law, the manufacturer must either replace the vehicle or provide a refund. Unlike many other states, South Carolina gives the choice to the manufacturer, not the consumer.
Replacement Vehicle
The manufacturer may provide a comparable motor vehicle of equal value.
Refund Option
Under S.C. Code Ann. § 56-28-40, if choosing the refund option, the manufacturer must return:
- Full purchase price: As delivered, including the base price and all options
- Applicable finance charges: Interest and fees paid on the loan
- Sales taxes: All applicable state and local taxes
- License fees: DMV registration costs
- Registration fees: All governmental charges
- Other similar governmental charges: Any additional fees paid to government agencies
Usage Deduction: The manufacturer may deduct a reasonable allowance for the consumer’s use of the vehicle, calculated as follows:
Usage Deduction = (Full Purchase Price × Miles Before First Report) ÷ 120,000
Refunds are made to the consumer and any lienholder, as their interests appear on the record of ownership kept by the Department of Motor Vehicles.
When the Consumer is NOT Entitled to Relief
The consumer cannot receive a refund or replacement if:
- The nonconformity does not substantially impair the vehicle’s use, market value, or safety
- The nonconformity results from abuse, neglect, or modification/alteration by the consumer
How to File a Lemon Law Claim in South Carolina
Filing a successful lemon law claim in South Carolina requires careful documentation and compliance with notice requirements.
Step 1: Document Everything
- Keep all repair orders and invoices
- Record the dates your vehicle was in the shop
- Document the symptoms you experienced
- Save all correspondence with the dealer and manufacturer
- Take photos or videos of defects when possible
Step 2: Report the Nonconformity
Report the problem to the manufacturer or its agent during the first 12 months of purchase or 12,000 miles of operation, whichever comes first.
Step 3: Provide Written Notice to Manufacturer
Before invoking lemon law remedies, you must give written notification to the manufacturer if the manufacturer has clearly and prominently informed you of this requirement at the time of sale. This gives the manufacturer a final opportunity to cure the defect.
Step 4: Allow Final Repair Opportunity
After receiving written notice, the manufacturer has 10 business days to notify you of a reasonably accessible repair facility. After delivery, the manufacturer has another 10 business days to repair the vehicle.
Step 5: Pursue Remedies
If the manufacturer fails to repair the vehicle within the final 10-day period, they must replace the vehicle or provide a refund as specified in the statute.
Written Notice Requirements
South Carolina’s lemon law includes specific written notice requirements that consumers must follow.
Notice to Manufacturer
- Must be sent by registered, certified, or express mail
- Must describe the nonconformity and repair history
- Gives the manufacturer a final opportunity to cure
Manufacturer Response Timeline
- 10 business days: Manufacturer must notify consumer of a reasonably accessible repair facility
- 10 business days after delivery: Manufacturer must attempt to repair and conform the vehicle to express warranty
Consumer Information Requirements
Manufacturers must provide information regarding consumer complaint remedies with each new motor vehicle sold.
Informal Dispute Settlement Procedures
Under S.C. Code Ann. § 56-28-60, if a manufacturer has established an informal dispute settlement procedure that substantially complies with federal regulations (16 CFR Part 703), or participates in an arbitration panel whose decisions are binding on the manufacturer, consumers must use that procedure first.
State Arbitration Board
Under S.C. Code Ann. § 56-28-90, the Administrator of the Department of Consumer Affairs may establish a state arbitration board of five members to review matters involving manufacturers that have not created compliant informal dispute settlement procedures. The cost of this arbitration is borne by the manufacturer.
Manufacturer Defenses
Manufacturers may raise certain defenses to avoid lemon law liability in South Carolina.
| Defense | Manufacturer’s Argument | Consumer’s Counter |
|---|---|---|
| No substantial impairment | Nonconformity does not substantially impair use, market value, or safety | Document how defect affects daily use, resale value, or creates safety concerns |
| Abuse or neglect | Defect resulted from consumer misuse | Provide maintenance records and evidence of proper care |
| Modification or alteration | Consumer or third party altered the vehicle | Show defect existed before modifications or is unrelated |
Dealer Protection
South Carolina law specifically protects dealers from liability under the lemon law. The statute provides that:
- No liability is imposed on motor vehicle dealers
- No cause of action is created against dealers under § 56-28-40
- Manufacturers cannot charge back dealers for lemon law costs absent evidence of inconsistent repairs
Resale of Returned Vehicles
South Carolina has strict requirements for vehicles repurchased under the lemon law, designed to protect subsequent purchasers.
Manufacturer Reporting Requirements
Manufacturers must:
- Notify the Department of Consumer Affairs within 30 calendar days of repurchase
- Provide the vehicle identification number (VIN)
- State the reason for repurchase
- Confirm all necessary repairs have been made and the vehicle meets operating standards
Warranty Requirements for Resale
Before reselling a repurchased vehicle, the manufacturer must provide:
- Written warranty covering the vehicle for 12 months or 12,000 miles
- Express coverage of any component related to the repurchase decision
- Disclosure to any dealer or wholesale purchaser of the repurchase history
Notification to Subsequent Purchasers
Each subsequent purchaser must be notified that the vehicle was repurchased under the lemon law. Failure to properly notify results in an administrative penalty of up to $500 per vehicle, which may be challenged through a contested case hearing with the Administrative Law Court.
Statute of Limitations
Under S.C. Code Ann. § 56-28-70, any action brought under South Carolina’s lemon law must be commenced within three years following the date of original delivery of the motor vehicle to the consumer.
Frequently Asked Questions
How many repair attempts does South Carolina require before a vehicle is considered a lemon?
South Carolina law presumes a reasonable number of attempts have been made if the same nonconformity has been subject to repair three or more times within the express warranty term and continues to exist, or if the vehicle has been out of service for 30 or more cumulative calendar days. The warranty term is generally 12 months or 12,000 miles, whichever comes first.
Do I get to choose between a refund and replacement in South Carolina?
No, South Carolina is one of the states where the manufacturer, not the consumer, gets to choose whether to provide a replacement vehicle or a refund. However, the remedy must fully compensate you for the defective vehicle either way.
Does South Carolina’s lemon law cover used vehicles?
No, South Carolina’s lemon law only covers new motor vehicles that have not been previously titled to a consumer. Used vehicles may still be protected under the federal Magnuson-Moss Warranty Act if they have remaining warranty coverage.
Does South Carolina’s lemon law cover motorcycles?
Yes, motorcycles and three-wheel motorcycles are specifically included in South Carolina’s lemon law coverage, provided they are purchased new and registered in the state.
What is the usage deduction in South Carolina?
The manufacturer may deduct a reasonable allowance for miles driven before you first reported the nonconformity. This is calculated by multiplying the full purchase price by a fraction: miles before first report divided by 120,000. For example, on a $36,000 vehicle with 6,000 miles at first report, the deduction would be $1,800.
Can I recover attorney fees if I win my lemon law case?
Yes, under S.C. Code Ann. § 56-28-50(d), any consumer who finally prevails in an action under the lemon law may be allowed to recover court costs, expenses, and reasonable attorney fees based on actual time expended, unless the court determines such an award would be inappropriate.
Do I have to use a manufacturer’s arbitration program before suing?
If the manufacturer has established an informal dispute settlement procedure that substantially complies with federal regulations, or participates in a binding arbitration panel, you must use that procedure before the refund or replacement provisions apply. The manufacturer must inform you of this procedure if it exists.
Resources and Legal Help
Official Resources
- South Carolina Lemon Law (Full Text)
- South Carolina Department of Consumer Affairs
- BBB AUTO LINE: South Carolina Lemon Law Information