The Lemon Law in South Carolina

South Carolina's lemon law covers new private passenger vehicles and motorcycles (including three-wheel motorcycles) sold and registered in the state for personal, family or household use, excluding the living portion of recreational vehicles and off-road vehicles. If a vehicle does not conform to its warranty within the first 12 months or 12,000 miles, whichever comes first, and the consumer reports it during the warranty, the manufacturer must make the repairs at no cost. If a defect that substantially impairs use, market value or safety cannot be fixed after a reasonable number of attempts, the manufacturer must replace the vehicle or, at its option, refund the full purchase price including finance charges, taxes and government fees, minus a use allowance based on miles driven before the first report. A reasonable number of attempts is presumed if the same defect was repaired three or more times, or the vehicle was out of service 30 or more calendar days during the warranty. Before using the law, the consumer must give the manufacturer written notice (by registered, certified or express mail) and a final repair opportunity of up to 10 business days, if the manufacturer disclosed this requirement at sale. If the manufacturer has a qualifying dispute program, the consumer must use it first. A lawsuit must be filed within three years of delivery, and a winning consumer may recover costs and attorney's fees.

1) Report the problem to the manufacturer or its agent during the express warranty term; the defect must arise within the first 12 months or 12,000 miles, whichever comes first. 2) Written notice and final repair attempt: if the manufacturer clearly told the consumer about this requirement at the time of sale, the consumer must give the manufacturer written notice of the need for repair, sent by registered, certified or express mail, before using the lemon law. Within 10 business days the manufacturer must direct the consumer to a reasonably accessible franchised dealer's repair facility, and once the vehicle is delivered there, it gets a final repair period of no more than 10 business days. If that fails, the manufacturer must replace the vehicle or refund the purchase price. 3) Arbitration: after the consumer reports that the vehicle still is not fixed, the manufacturer must say whether it has an informal dispute settlement procedure. If it has one that substantially complies with federal rules (16 C.F.R. part 703), or takes part in a panel whose decisions bind it, the consumer must first use that procedure, or the alternate state procedure, before the refund-or-replacement remedy applies. The Administrator of the Department of Consumer Affairs may set up a state arbitration board for manufacturers without a qualifying program; its cost is paid by the manufacturer. 4) Deadline to sue: a lawsuit must be filed within three years after the vehicle was originally delivered to the consumer.