South Carolina Lemon Law
Dealing with a Defective Vehicle in South Carolina?
If your new vehicle keeps returning to the dealer for the same defect, South Carolina’s lemon law may entitle you to a refund or a replacement vehicle — but manufacturers rarely volunteer either. An experienced South Carolina lemon law attorney turns your repair history into a documented claim the manufacturer has to answer, on the statute’s timeline instead of the dealership’s.
Our firm was founded by former car-manufacturer defense counsel. We know how automakers evaluate and resist these claims, we handle the notice and filing requirements, and our fees are typically recovered from the manufacturer — not from you.
At a glance
South Carolina Lemon Law: Key Facts
South Carolina’s new-vehicle warranty enforcement law, S.C. Code Ann. §§ 56-28-10 et seq., covering nonconformities that substantially impair the use, market value, or safety of the vehicle.
New passenger vehicles, vans, qualifying small trucks, demonstrator vehicles, leased vehicles, and two- or three-wheel motorcycles sold and registered in South Carolina and normally used for personal, family, or household purposes — recreational vehicles are covered only as to the nonliving portion. Defects must first occur within the first 12 months or 12,000 miles, whichever comes first.
Three repair attempts for the same nonconformity, or a cumulative total of 30 or more calendar days out of service, after which written notice gives the manufacturer a final chance to cure.
Replacement with a a comparable replacement vehicle or, at the manufacturer’s option, return of the vehicle and a refund of the full purchase price as delivered — including finance charges, sales tax, license and registration fees — less a mileage-based use allowance (miles before the first defect report divided by 120,000).
How it works
How a South Carolina Lemon Law Claim Works
- Warranty repairs begin
You report the defect and the dealer attempts repairs — the defect must first occur within 12 months or 12,000 miles.
- Written notice
After three attempts or 30 days out of service, you notify the manufacturer by registered, certified, or express mail and allow a final repair opportunity — the manufacturer then has 10 business days to designate a reasonably accessible facility and, after delivery, up to 10 more business days to complete the repair.
- Dispute procedure
If the manufacturer maintains a qualifying informal dispute settlement procedure, that step is completed first — without surrendering your right to court.
- Replacement or refund
The manufacturer must provide a comparable replacement or, at its option, accept return of the vehicle and issue the statutory refund — and a court may award reasonable costs, expenses, and attorney’s fees to a consumer who finally prevails, unless it determines an award would be inappropriate.
South Carolina presumes a reasonable number of attempts after three repairs for the same defect, or 30+ calendar days out of service, for defects first occurring within the first 12 months or 12,000 miles — with written notice giving the manufacturer a final repair opportunity.
Working with counsel
Why Work With a South Carolina Lemon Law Attorney
You can file on your own, but manufacturers defend these claims with experienced counsel. Here is what representation adds.
Our founder defended automakers before representing consumers — we know how manufacturers evaluate, delay, and contest South Carolina claims.
We build the repair-order timeline that triggers South Carolina’s statutory presumption and time the demand around it.
Fee-shifting under state law and the federal Magnuson-Moss Warranty Act lets prevailing consumers recover attorney’s fees from the manufacturer. No attorney’s fees unless we recover§; clients may be responsible for certain costs.
From the first demand letter through arbitration or court, your case is managed by our team — you keep driving your life while we handle the claim.
Our story
Founded by Former Car Manufacturer Defense Counsel
Before representing consumers, our founder sat on the manufacturer’s side of these cases — evaluating claims, directing defense strategy, and deciding when automakers would pay. That experience now works for South Carolina drivers: we know which repair records matter, how manufacturers value buybacks, and where their defenses break down.
Manufacturers often stall, hoping owners give up. We keep the statutory clock and the paperwork moving toward a resolution. A well-documented repair history and demand are what move a claim toward a repurchase, replacement, or cash settlement.
Outcomes
What a South Carolina Lemon Law Claim Can Achieve
A refund of the price you paid plus qualifying charges, less a reasonable allowance for your use of the vehicle.
A comparable replacement vehicle — generally the same year and model with approximately the same mileage — if you prefer to stay in the same model — your election under most state programs.
Prevailing consumers can recover reasonable attorney’s fees from the manufacturer under state fee-shifting and Magnuson-Moss.
Many claims resolve with the driver keeping the vehicle plus a cash payment reflecting its diminished value.
Recent cases
Recent South Carolina Lemon Law Cases
A sample of South Carolina claims retained by the firm, drawn from case records. Prior results do not guarantee a similar outcome.
Your South Carolina team
South Carolina-Licensed Attorneys
Sauliha Mitchell, Esq.
Associate Attorney. Sauliha Mitchell represents South Carolina consumers in lemon law and warranty matters.
South Carolina Lemon Law FAQ
What is South Carolina’s lemon law?
S.C. Code Ann. §§ 56-28-10 et seq. requires a manufacturer to replace or repurchase a new vehicle with a nonconformity that substantially impairs its use, market value, or safety when it is not conformed within a reasonable number of attempts.
Do I qualify under the South Carolina lemon law?
You may qualify if you purchased or leased a new private-passenger vehicle in South Carolina and the defect first occurred within the first 12 months or 12,000 miles, whichever comes first.
How many repair attempts do I need in South Carolina?
Three repair attempts for the same nonconformity, or a cumulative total of 30 or more calendar days out of service, establishes the presumption.
Do I have to notify the manufacturer in South Carolina?
If the manufacturer disclosed the statutory notice requirement at sale, written notice must be sent by registered, certified, or express mail, allowing a final repair opportunity. If the manufacturer maintains a qualifying informal dispute procedure, that process comes before court.
What can I recover under the South Carolina lemon law?
A comparable replacement vehicle or, at the manufacturer’s option, a refund of the full purchase price as delivered (finance charges, sales tax, license and registration fees) less a mileage-based use allowance. A court may award reasonable costs, expenses, and attorney’s fees to a consumer who finally prevails, unless it determines an award would be inappropriate.
What is the deadline for a South Carolina lemon law claim?
An action must generally be commenced within three years after the vehicle’s original delivery date. Because the qualifying window is only 12 months or 12,000 miles, early action is critical — but South Carolina’s short qualifying window makes early action critical.
What does a South Carolina lemon law case cost?
No attorney’s fees unless we recover; clients may be responsible for certain costs. Under South Carolina law a court may award attorney’s fees to a consumer who finally prevails (unless it finds an award inappropriate), and the federal Magnuson-Moss Warranty Act provides an additional fee-recovery path.
Does the South Carolina lemon law cover used cars?
The law covers new private-passenger vehicles. Used vehicles are usually pursued under the manufacturer’s remaining warranty and the federal Magnuson-Moss Warranty Act instead.
Official sources: S.C. Code Ann. §§ 56-28-10 et seq. — Enforcement of Express Warranties · South Carolina Department of Consumer Affairs
South Carolina Cities We Serve
We help drivers across South Carolina. Choose your city for local case data, area dealerships, and venue:
¶ Figure reflects South Carolina lemon law and vehicle warranty claims resolved by Lemon Law Group Partners from August 21, 2012 through June 30, 2026. Source: firm case-management records. “Resolved” means a claim concluded by manufacturer repurchase, replacement, cash settlement, or other negotiated resolution.
