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Millions of used cars have costly hidden problems.
You should use vehicle history reports to confirm a clean history or
By knowing the REAL history of a used car, you can:
Before you are entitled to a refund or replacement, there are some qualifications and procedures that must be followed.
The following are South Carolina State Lemon Law and Aids information:
Success in using state lemon laws depends upon three things:
Are you paying too much for car insurance?
|Leased cars covered?||
Passenger motor vehicles including cars, vans, and small trucks.
|Three unsuccessful repairs or 30 calendar days out of service within 1 year or warranty, which ever is shorter.||Written notice to manufacturer by certified mail and opportunity to repair only if manufacturer informed consumer of such at time of sale. Manufacturer has 10 days to notify consumer of repair facility. Facility has 10 days to repair.||Yes||
Attorney General's Office
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|South Carolina Lemon Law|
South Carolina State Statutes
Title 56, Chapter 28
As used in this chapter:
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.
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.
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 lien holder, 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:
56-28-50 Presumption of attempts to conform.
Information to be provided to consumers; obligations of manufacturer; costs and attorney's fees; notice requirements.
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.
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.
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.
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.
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:
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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