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| South Carolina Lemon Laws | |||
| Nonconformity with Express Warranties | |||
| 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 56-28-30. Replacement of Vehicle, Refund 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 the nonconformity does not substantially impair the motor vehicle's use, market value, or safety, the nonconformity is the result of abuse, neglect, or modification or alteration of the motor vehicle by the consumer.SECTION 56-28-40. |
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| Presumptions | |||
| It is presumed that a reasonable number of attempts have been undertaken to conform a
motor vehicle to the applicable express warranties if 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 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. 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. 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. 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. SECTION 56-28-50. |
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| State Carolina Code of Laws | |||
| South Carolina Code Section 56-28-10 | |||
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