South Carolina Lemon Law rules at a glance
The South Carolina Enforcement of Motor Vehicle Express Warranties (Lemon Law) is S.C. Code §§ 56-28-10 to 56-28-110.
| Rule | What South Carolina law says | Source |
|---|---|---|
| Statute | S.C. Code §§ 56-28-10 to 56-28-110 | S.C. Code § 56-28-10 |
| Vehicles covered | Private passenger vehicles sold and registered in South Carolina for personal, family or household use; Motorcycles, including three-wheel motorcycles, sold and registered in South Carolina | |
| Not covered | The living portion of recreational vehicles; Off-road vehicles | |
| Protection window | The first 12 months after purchase or the first 12,000 miles, whichever occurs first | S.C. Code § 56-28-30 |
| Three Repairs Test | The same defect was repaired 3 or more times within the express warranty term and continues; written notice and a final repair are required if you were told so at the time of sale | § 56-28-50(A)(1), (B) |
| 30 Days Out of Service Test | Out of service for repair a cumulative total of 30 or more calendar days during the express warranty | § 56-28-50(A)(2), (B) |
| Written notice | If the manufacturer clearly told you at the time of sale, give it written notification of the need for repair by registered, certified or express mail. Within 10 business days it must name a reasonably accessible franchised dealer, then attempt the repair within 10 business days of delivery. | § 56-28-50(B), (E) |
| Dispute program first? | If the manufacturer has an informal dispute procedure that substantially complies with FTC Rule 703, or a binding consumer-industry panel, you must use it, or the state arbitration board where one exists, before the refund or replacement provisions apply (§ 56-28-60, -90). | |
| Deadline | Start an action within 3 years following the date of original delivery | § 56-28-70 |
| Usage deduction | full purchase price × miles traveled before the first report of the defect ÷ 120,000 | § 56-28-40 |
Three repairs or 30 days in South Carolina
South Carolina presumes a reasonable number of attempts when, within the express warranty term during the first 12 months or 12,000 miles:
Three Repairs Test
The same defect was repaired 3 or more times within the express warranty term and continues; written notice and a final repair are required if you were told so at the time of sale.
§ 56-28-50(A)(1), (B)30 Days Out of Service Test
Out of service for repair a cumulative total of 30 or more calendar days during the express warranty.
§ 56-28-50(A)(2), (B)The defect must substantially impair the vehicle’s use, value or safety. Damage from an accident, or changes made by someone other than the manufacturer or its service agent, does not count.
Notice to the manufacturer in South Carolina
If the manufacturer clearly told you at the time of sale, give it written notification of the need for repair by registered, certified or express mail. Within 10 business days it must name a reasonably accessible franchised dealer, then attempt the repair within 10 business days of delivery.
In South Carolina you must notify the manufacturer in writing, by registered, certified or express mail, for a final repair chance if it told you about this requirement at the time of sale.
Dispute program first. If the manufacturer has an informal dispute procedure that substantially complies with FTC Rule 703, or a binding consumer-industry panel, you must use it, or the state arbitration board where one exists, before the refund or replacement provisions apply (§ 56-28-60, -90).
All written notifications under § 56-28-50 must go by registered, certified or express mail.
South Carolina’s 3-year deadline
Start an action within 3 years following the date of original delivery (§ 56-28-70).
| Event | Date | Effect |
|---|---|---|
| Vehicle delivered | Mar 15, 2025 | The protection window starts |
| Protection window ends | March 15, 2026 | Repairs after this date do not count toward the tests |
| Sue by | March 15, 2028 | Start an action within 3 years following the date of original delivery |
How to file a South Carolina lemon law claim
- Report the defect during the warrantyWithin the first 12 months or 12,000 miles, to the manufacturer or its agent.
- Send the final-repair noticeBy registered, certified or express mail, if you were told about this requirement at the sale.
- Allow the final repairThe manufacturer names a dealer within 10 business days, then has 10 business days to fix the vehicle.
- Use the dispute procedureThe manufacturer’s procedure or a state arbitration board comes before the refund or replacement provisions.
- Sue within 3 yearsFrom original delivery. A consumer who wins may recover costs and attorney fees.
Refund, replacement and the South Carolina deduction for use
| Remedy | What it includes |
|---|---|
| Replacement | A comparable vehicle. The manufacturer chooses between replacement and refund. |
| Refund | The full purchase price as delivered, including finance charges, sales taxes, license and registration fees and similar charges, less a reasonable allowance for use. |
How the South Carolina deduction for use is calculated
full purchase price × miles traveled before the first report of the defect ÷ 120,000 (§ 56-28-40).
| Step | Math | Amount |
|---|---|---|
| Purchase price | — | $36,000.00 |
| Deduction for use | 6,000 miles before the first report × $36,000 ÷ 120,000 | −$1,800.00 |
| Refund before taxes, fees and other charges | Those are added under the rules above | $34,200.00 |
South Carolina’s final repair, step by step
| Step | Deadline | Who |
|---|---|---|
| Name a reasonably accessible franchised dealer for the repair | 10 business days | Manufacturer |
| Deliver the vehicle to that facility | Promptly | You |
| Attempt the repair | Within 10 business days of delivery | Manufacturer |
| Tell you about its dispute procedure | When you report the repair failed, unless it already told you | Manufacturer |
| Replace or refund if the repair fails | Under § 56-28-40 | Manufacturer |
South Carolina’s refund formula, worked through
The allowance for use counts only miles driven before your first report of the defect, divided by 120,000 (§ 56-28-40).
| Step | Amount |
|---|---|
| Full purchase price as delivered | $36,000.00 |
| Allowance: $36,000 × 6,000 ÷ 120,000 | −$1,800.00 |
| Before finance charges, taxes and fees | $34,200.00 |
Finance charges, sales taxes, license and registration fees are included in the refund. The manufacturer, not you, chooses between a replacement and a refund.
Rules for reselling a South Carolina buyback
- The manufacturer must notify the Department of Consumer Affairs within 30 calendar days, with the VIN, the reason for the repurchase and a statement that the vehicle now works properly.
- The next retail buyer gets a written warranty for 12 months or 12,000 miles, covering the component behind the repurchase.
- Every later buyer must be told the vehicle was repurchased; a seller who fails to do so faces a penalty of up to $500 per vehicle.
Later owners in South Carolina
Anyone entitled by the warranty to enforce it is a consumer, inside the first 12 months or 12,000 miles. The chapter covers new motor vehicles under the manufacturer’s express warranty.
Anyone entitled by the warranty to enforce it is a consumer, but the repairs must still fall in the first 12 months or 12,000 miles. South Carolina’s law covers motorcycles, including three-wheel motorcycles, sold and registered in the state.
To test your own dates and repair visits, run your South Carolina repair visits through the checker.
South Carolina Lemon Law FAQs
What qualifies as a lemon in South Carolina?
A new vehicle with a defect that substantially impairs its use, market value or safety, not fixed after 3 repairs or 30 calendar days out of service within the first 12 months or 12,000 miles.
How long do I have to file a lemon law claim in South Carolina?
Within 3 years following the date of original delivery (§ 56-28-70).
How is the South Carolina lemon law refund calculated?
The full purchase price with finance charges, taxes and fees, minus price × miles before your first report ÷ 120,000.
Does the South Carolina lemon law cover motorcycles?
Yes, including three-wheel motorcycles sold and registered in South Carolina.
Do I have to send a letter to the manufacturer in South Carolina?
Yes, if the manufacturer clearly told you at the time of sale. Send it by registered, certified or express mail to allow a final repair.
Sources
Checked on October 13, 2026. We re-verify South Carolina rules when the legislature, the courts or the agency change them. Read how we check every rule in our editorial policy.