SOUTH CAROLINA LEMON LAW:
South Carolina Lemon Law Statutes
Title 56, Chapter 28
SECTION 56-28-10. Definitions.
As used in this chapter:
(1) "Consumer" means the purchaser or lessor, other than for purposes of resale,
of a motor vehicle normally used for personal, family, or household purposes and
subject to the manufacturer's express warranty, and any other person entitled by
the warranty to enforce the obligations of the warranty.
(2) "Manufacturer" means any person, resident, or nonresident, who manufactures
or assembles or imports or distributes new motor vehicles which are to be sold
in the State.
(3) "Manufacturer's express warranty" or "warranty" means the written warranty,
so labeled, of the manufacturer of a new motor vehicle, including any terms or
conditions precedent to the enforcement of obligations under that warranty.
(4) "Motor vehicle" means a private passenger motor vehicle, as classified by
Section 56-3-630, but excluding the living portion of recreational vehicles and
off-road vehicles, which is sold and registered in this State.
(5) A "new motor vehicle" means a private passenger motor vehicle which has been
sold to a new motor vehicle dealer by a manufacturer and which has not been used
for other than demonstration purposes and on which the original title has not
been issued from the new motor vehicle dealer.
(6) "Nonconformity" means a defect or condition that substantially impairs the
use, value, or safety of a motor vehicle, but does not include a defect or
condition that results from an accident, modification, or alteration of the
motor vehicle by persons other than the manufacturer or its authorized service
agent.
SECTION 56-28-20. Manufacturers to provide annual written summaries of certain
motor vehicles; forms; records to be made available; penalties.
Every manufacturer, in a format and a form that must be mailed annually to each
manufacturer approved by the Administrator of the Department of Consumer
Affairs, shall provide a written summary of all motor vehicles repurchased or
replaced under this chapter no less than once each calendar year. In addition,
every manufacturer shall make available any paperwork, reports, or other
information regarding vehicles subject to this chapter upon request by the
administrator. Failure to supply either the written summaries of repurchased
vehicles or respond to reasonable requests for information by the administrator
subjects the manufacturer to an administrative penalty not to exceed one
thousand dollars for each violation which the administrator in his discretion
may impose.
SECTION 56-28-30. Nonconformity with express warranties; notice required;
repairs required.
If a new motor vehicle does not conform to all applicable express warranties
within the first twelve months of purchase or the first twelve thousand miles of
operation, whichever occurs first, and the consumer reports the nonconformity to
the manufacturer or its agent during the term of the express warranties, the
manufacturer, or its agent, shall make those repairs as are necessary to conform
the vehicle to the express warranties at no cost to the consumer,
notwithstanding the fact that the repairs are made after the expiration of the
term.
SECTION 56-28-40. Replacement of motor vehicle; refund of purchase price.
If, within the term specified in Section 56-28-30, the manufacturer, through its
agents or authorized dealer, is unable to conform the motor vehicle to any
applicable express warranty by repairing or correcting any defect or condition
which substantially impairs the use, market value, or safety of the motor
vehicle to the consumer after a reasonable number of attempts, the manufacturer
shall replace the motor vehicle with a comparable motor vehicle, or at its
option, accept return of the vehicle from the consumer and refund to the
consumer the full purchase price as delivered including applicable finance
charges, sales taxes, license fees, registration fees, and any other similar
governmental charges, less a reasonable allowance for the consumer's use of the
vehicle. Refunds must be made to the consumer and lienholder, if any, as their
interest may appear on the record of ownership kept by the Division of Motor
Vehicles. A reasonable allowance for use must be that amount directly
attributable to use by the consumer before his first report of the nonconformity
to the manufacturer, agent, or dealer, and must be calculated by multiplying the
full purchase price of the vehicle by a fraction having as its denominator one
hundred twenty thousand and having as its numerator the number of miles that the
vehicle traveled before the first report of nonconformity. The consumer is not
entitled to a refund or replacement if:
(1) the nonconformity does not substantially impair the motor vehicle's use,
market value, or safety;
(2) the nonconformity is the result of abuse, neglect, or modification or
alteration of the motor vehicle by the consumer.
SECTION 56-28-50. Presumption of attempts to conform; information to be provided
to consumers; obligations of manufacturer; costs and attorney's fees; notice
requirements.
(A) It is presumed that a reasonable number of attempts have been undertaken to
conform a motor vehicle to the applicable express warranties if:
(1) the same nonconformity has been subject to repair three or more times by the
manufacturer, or its agent, within the express warranty term, but the
nonconformity continues to exist; or
(2) the vehicle is out of service by reason of repair for a cumulative total of
thirty or more calendar days during the express warranty. The term of an express
warranty, and the twenty-day period must be extended by any period of time
during which repair services are not available to the consumer because of a war,
invasion, strike, fire, flood, or other natural disaster.
(B) The manufacturer must provide information regarding consumer complaint
remedies with each new motor vehicle. It is the responsibility of the consumer,
or his representative, before availing himself of the provisions of this
chapter, to give written notification to the manufacturer of the need for the
repair of the nonconformity, in order to allow the manufacturer a final
opportunity to cure the alleged defect if the manufacturer has clearly and
prominently informed the consumer of the requirement of written notification to
the manufacturer at the time of sale. The manufacturer, within ten business
days, must notify the consumer of a reasonably accessible repair facility of a
franchised new vehicle dealer to conform the new vehicle to the express
warranty. After delivery of the new vehicle to an authorized repair facility by
the consumer, the manufacturer must attempt immediately to repair the vehicle
within a period not to exceed ten business days in order to conform the new
motor vehicle to the express warranty. If the manufacturer is unable to repair
properly the vehicle within the final ten-business-day period, the manufacturer
must replace the vehicle with an identical or reasonably equivalent vehicle or
refund the purchase price subject to the provisions of Section 56-28-40.
(C) Upon notification from the consumer that the new vehicle has not been
conformed to the express warranty, the manufacturer shall inform the consumer if
an informal dispute settlement procedure has been established by the
manufacturer as enumerated in Section 56-28-60. However, if prior notice by the
manufacturer of an informal dispute settlement procedure has been given, no
further notice is required.
(D) Any consumer who finally prevails in any action brought under this chapter,
may be allowed by the court to recover as part of the judgment a sum equal to
the aggregate amount of cost and expenses (including attorney's fees based on
actual time expended) and other such costs which are directly attributable to
the nonconformity of the motor vehicle determined by the court to have been
reasonably incurred by the plaintiff for or in connection with the commencement
and prosecution of such action, unless the court in its discretion determines
that such an award of attorney's fees would be inappropriate.
(E) All written notifications required by this section shall be sent by
registered, certified, or express mail.
SECTION 56-28-60. Informal dispute settlement procedures.
If a manufacturer has established an informal dispute settlement procedure which
substantially complies with Title 16 of the Code of Federal Regulations, Part
703, or if the manufacturer participates in a consumer-industry appeals,
arbitration, or mediation panel or board, whose decisions are binding on the
manufacturer, the provisions of Section 56-28-40 concerning refunds or
replacement do not apply to any consumer who has not first resorted to those
procedures or to the alternate procedure provided in Section 56-28-90.
SECTION 56-28-70. Limitation of actions.
Any action brought under this chapter must be commenced within three years
following the date of original delivery of the motor vehicle to the consumer.
SECTION 56-28-80. Construction of chapter; reimbursement from dealer prohibited;
exception.
Nothing in this chapter may be construed as imposing any liability on a motor
vehicle dealer or creating a cause of action by a consumer against a motor
vehicle dealer under Section 56-28-40. The manufacturer shall not charge back or
require reimbursement by the dealer for any costs, including, but not limited
to, any refunds or vehicle replacements incurred by the manufacturer arising out
of this chapter in the absence of evidence that the related repairs had been
carried out by the dealer in a manner substantially inconsistent with the
manufacturer's published instructions.
SECTION 56-28-90. State arbitration board may be established.
The Administrator of the Department of Consumer Affairs may establish by
regulation a state arbitration board consisting of five members appointed by him
to serve at his pleasure. The board shall review matters involving manufacturers
that have not created an informal dispute settlement procedure that
substantially complies with Title 16 of the Code of Federal Regulations, Part
703. The cost of the arbitration board must be borne by the manufacturer of the
vehicle purchased or leased by the consumer.
SECTION 56-28-100. Repurchased vehicles not to be resold; exceptions.
Any vehicle required to be repurchased by a manufacturer under this chapter or
any other provision of law relating to motor vehicle warranties may not be
resold, reassigned, or retransferred, either at wholesale or retail in this
State, unless:
(1) The manufacturer notifies the Administrator of the Department of Consumer
Affairs within thirty calendar days, in writing, of the vehicle identification
number of that motor vehicle, the reason that the vehicle was repurchased, and
provides a statement that all necessary repairs and adjustments have been made
and that the vehicle meets acceptable operating standards.
(2) The manufacturer provides a written warranty to the subsequent retail
purchaser of the vehicle covering the vehicle for twelve months or twelve
thousand miles. The warranty must expressly include any component related to the
manufacturer's decision to repurchase the vehicle.
(3) The manufacturer shall disclose to any dealer or other wholesale purchaser
of the fact that the vehicle was required to be repurchased under this chapter
or another provision of law relating to motor vehicle warranties.
SECTION 56-28-110. Notification to subsequent purchasers; penalties for failure
to notify.
Every subsequent purchaser must be notified by the seller of the fact that the
vehicle was required to be repurchased under the terms of this chapter or
another provision of law relating to motor vehicle warranties. Failure to notify
properly any purchaser of the requirements of this section subjects the seller
to an administrative penalty to be imposed by the administrator up to a maximum
of five hundred dollars for each vehicle.
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