Passed into law on October 3, 1989, South Carolina’s lemon law covers new cars, light trucks and vans for a period of one year or 12,000 miles, whichever comes first. Not included are the living portion of motor homes and vehicles designed for off road use.

The law defines a lemon as any vehicle which has a defect which substantially impairs the vehicle’s use, market value or safety. Excluded from this definition are any defects which are the result of accident, abuse, neglect, unauthorized modification or alteration. 

 As with most lemon laws, the manufacturer is allowed a “reasonable” number of attempts to repair the vehicle before it may be declared to be a lemon. South Carolina defines “reasonable” to mean three or more attempts to repair the same defect. A vehicle also qualifies if it is out of service for thirty or more days for the same repair. The thirty days need not be consecutive for the vehicle to qualify. This period may be extended should the manufacturer be unable to make the necessary repairs due to circumstances beyond its control, such as fire, flood, strike, fire, war or other natural disaster.

Should the vehicle qualify under the statute, the owner shall be entitled to a comparable replacement vehicle. Alternatively, the manufacturer may elect to refund the purchase price, including finance charges, taxes, license fees, registration fees and any other governmental charges. The manufacturer will be permitted to deduct a ‘reasonable” allowance for wear and tear and use of the vehicle prior to the reporting of the defect. The decision to refund or replace lies solely with the manufacturer; the owner has no option.

If the manufacturer has established an informal dispute resolution program or arbitration program within the state, the consumer must submit to this program prior to taking any other action, such as a lawsuit. The result of any arbitration hearing will be binding upon the manufacturer but not upon the consumer, who will retain the right to sue, should it become necessary.

Vehicles returned to the manufacturer as defective may not be resold in South Carolina except under the following conditions:

The manufacturer must notify the state in writing within 30 days of receiving the vehicle back from the consumer as to why the vehicle was repurchased and must also provide a statement attesting that the necessary repairs to bring the vehicle back to conformity have been performed.

The manufacturer must provide a written warranty of twelve months or twelve thousand miles to any subsequent purchaser. That warranty must include any replaced parts.

The manufacturer must disclose to the buyer that the vehicle was repurchased as a result of a defect.

The South Carolina statute is fairly typical in that it allows three repair attempts and 30 days out of service for a vehicle to qualify. It’s a bit weak in that it allows the maker to determine whether to replace the vehicle or refund the money.

More details can be found the South Carolina Lemon Law page

If you are suffering difficulties with your car, SUV or van, you may find that you need legal representation. LegalMatch can help find an experienced attorney to help you where you live. Confidentiality is secure, all attorneys are licensed, and inquiries are free.