Consumer protection guide · SC
South Carolina Lemon Law
Under South Carolina's lemon law, a new vehicle qualifies as a lemon after 3 unsuccessful repair attempts or 30 cumulative days out of service, entitling the buyer to a refund or a replacement vehicle.
South Carolina Enforcement of Nonconforming New Motor Vehicle Warranties Act
StatuteS.C. Code Ann. § 56-28-10 et seq.· Enacted 1989
Last reviewed
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12 mo
Coverage period
or 12,000 miles
3
Repair attempts
30 days
Days out of service
Cumulative for warranty work
3 yr
Statute of limitations
From original delivery
If you bought or leased a new vehicle in South Carolina that keeps going back to the dealer for the same unresolved defect, you may be protected under South Carolina Enforcement of Nonconforming New Motor Vehicle Warranties Act (enacted 1989), codified at S.C. Code Ann. § 56-28-10 et seq. This guide explains — in plain English — how the law works, what qualifies a vehicle as a lemon in South Carolina, what remedies you can demand from the manufacturer, and how to file a claim. It is not legal advice; when a real dispute emerges you should consult a licensed South Carolina consumer attorney.
What the South Carolina lemon law covers
Qualifying criteria
The law covers new vehicles and leased vehicles. The defect must appear within the first 12 months of original delivery or before the odometer reaches 12,000 miles, whichever comes first. The manufacturer or its authorized dealer must have had at least 3 opportunities to fix the same defect. OR the vehicle must have been out of service for at least 30 cumulative days for warranty repairs during the coverage period.
Your remedies
If your vehicle qualifies, the South Carolina lemon law requires the manufacturer to provide a refund or a replacement vehicle. The statute (S.C. Code Ann. § 56-28-10 et seq.) decides who chooses between them, what a refund must include — often the purchase price plus taxes and fees — and how much the manufacturer may deduct for your use of the vehicle. A replacement must be comparable to the vehicle it replaces. If you win, South Carolina law can also make the manufacturer pay your reasonable attorney's fees, which is why many lemon-law attorneys take these cases without an upfront fee.
How to file a South Carolina lemon law claim
Here is how a typical South Carolina lemon-law claim unfolds: (1) Keep every repair order the dealer gives you — dates, mileage, the defect description, and the parts replaced. These become your evidence. (2) Send the manufacturer written notice of the defect after the third or fourth repair attempt and request a final repair opportunity. (3) If the manufacturer offers a certified dispute-resolution program, check S.C. Code Ann. § 56-28-10 et seq. and your warranty booklet before skipping it — some lemon laws require you to use one before you can sue. (4) File before the deadline: generally 3 years (from original delivery). Confirm the exact date for your claim with a South Carolina lemon-law attorney.
Federal backup: Magnuson-Moss Warranty Act
Whether or not your claim fits the South Carolina lemon law, the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) provides an independent cause of action whenever a written warranty has been breached. Magnuson-Moss applies in every state, allows you to recover attorney’s fees and costs from the manufacturer when you prevail, and covers used vehicles sold with an express written warranty — filling many of the gaps that narrow state lemon laws leave open.
South Carolina lemon law FAQs
Lemon laws in other states
Check a South Carolina VIN for a lemon-law buyback before you buy
Many states require a manufacturer buyback to be branded on the title (California’s “Lemon Law Buyback” brand, for example), but not all do — some only require a written disclosure to the next buyer. A full vehicle history report shows title brands where they were reported; the free VIN check does not.