You are currently viewing our Lemon Law reference page for : South Carolina – Code §56-28-10
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Vehicles Covered:
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Passenger vehicles as classified by the statute,
including demonstrators. Excludes living portion of recreational vehicle
and off-road vehicles sold and registered in state.
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Persons Covered:
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Purchasers or lessors, other than for resale,
of vehicles normally used for personal, family, or household purposes,
and any other person entitled to enforce the warranty.
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Period Covered:
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Whichever is first: one year or 12,000 miles.
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Notice Requirement:
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(a) Manufacturer – information about consumer
complaint remedies and dispute resolution procedure; (b) Consumer – written
notice to the manufacturer or agent; manufacturer has ten days to notify
consumer of accessible repair facility and has ten days after delivery
to cure.
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Repair Requirements:
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It is presumed that a reasonable number of attempts
have been made if the same nonconformity has been subjected to three or
more repairs, or the vehicle is out of service for a cumulative total
of 30 or more calendar days.
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Affirmative Defenses:
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Three year limitations period; The nonconformity
does not significantly impair the use, market value or safety of the vehicle,
or is the result of abuse, neglect, or any unauthorized modification or
alteration.
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Replacement/Refund:
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At the consumer's option, replacement or refund
the purchase price, including finance charges, sales taxes and license
fees, and registration fees, less a reasonable allowance (defined); refunds
to the consumer and lien holder.
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Other Reimbursement:
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Costs and expenses, including attorney fees
and all other costs attributed to the nonconformity.
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Other remedies:
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None specified.
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Arbitration:
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For remedies under this section, a consumer
must use the informal dispute procedure established by the manufacturer
provided that it complies with 16 C.F.R. 703.
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Dealer Liability:
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None, except for express warranties made by
the dealer apart from those of the manufacturer.
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Resale of Lemon:
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May not be resold with certain exceptions. Full
disclosure to the consumer is required.
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