States

South Carolina lemon law: when a new car is a lemon

What S.C. Code §§ 56-28-10 to 56-28-110 asks before a manufacturer must repurchase or replace a car, the steps on the way and the last day to act.

Does your car meet the South Carolina lemon law tests?

Defect that could cause death or serious injury?
Written notice already sent to the manufacturer?
Your warranty (default 3 years or 36,000 miles)

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South Carolina, November 5, 2026 read in the statute

The presumption appears to be met

Protection period1 year or 12,000 miles, whichever comes first: until January 5, 2027 or 12,000 miles. You are inside it.
Repair attempts, same defectMet: needs 3, you have 3
Days out of serviceNot met: needs 30 calendar days, you have 12
NoticeWritten notice and a final opportunity to cure, if the manufacturer disclosed the requirement (§ 56-28-50).
Dispute stepA manufacturer’s binding procedure, or the state alternate procedure of § 56-28-90, must be used first (§ 56-28-60).
File a lawsuit by January 5, 2029 (792 days left)Lawsuit within 3 years of the original delivery (§ 56-28-70).

Tests as written in the law; a court or arbitrator decides. S.C. Code §§ 56-28-10 to 56-28-110

The South Carolina lemon law in detail

South Carolina’s lemon law, chapter 28 of title 56 of the Code of Laws, read on the legislature’s site on November 1, 2026, protects a new motor vehicle for 12 months or 12,000 miles, whichever comes first. A reasonable number of attempts is presumed after three repairs of the same nonconformity in that term, or after a cumulative 30 calendar days out of service. If the manufacturer disclosed the requirement, the owner must give written notice and a final opportunity to cure. Before suing, the owner must use the manufacturer’s binding procedure, or the state alternate procedure set out in section 56-28-90 when the manufacturer has none. An action must be brought within three years of the original delivery, which is longer than the protection period itself.

When is the last day to act?

File a lawsuit, South Carolina

September 5, 2028

Days from today670 left
Rule: Lawsuit within 3 years of the original delivery (§ 56-28-70).
Open the deadline calculator →

State laws read by Radif Partners · Editorial policy · Method and sources

The state alternate procedure

South Carolina does not leave owners without a forum when a manufacturer has no program. Section 56-28-90 sets out an alternate procedure that the owner can use instead, and using one or the other is a condition of a lawsuit.

The three-year limit runs from delivery, not from the end of the 12 months. An owner who reaches three attempts in month eleven has more than two years to finish the procedure and, if needed, go to court. The statute is linked below.

South Carolina’s twelve months and 12,000 miles end early for drivers who commute long distances: at 1,500 miles a month, the mileage limit arrives in month eight. The checker compares the miles since delivery with that limit and tells you whether you are still inside it.

The South Carolina lemon law at a glance

Checked in early November 2026. Dates of any archived copy are given in the last row.
LawS.C. Code §§ 56-28-10 to 56-28-110
Protection period1 year or 12,000 miles, whichever comes first
Repair attempts3 attempts on the same defect
Serious safety defectno separate test
Days out of service30 calendar days
Written noticeWritten notice and a final opportunity to cure, if the manufacturer disclosed the requirement (§ 56-28-50).
Dispute stepManufacturer program first. A manufacturer’s binding procedure, or the state alternate procedure of § 56-28-90, must be used first (§ 56-28-60).
DeadlineLawsuit within 3 years of the original delivery (§ 56-28-70).
Use offset in a buybackNo formula in the text we read
Vehicles coveredNew motor vehicles.
Used carsNot covered.
State pageno agency page
Level of readingread in the statute

From written notice to a decision

Certified mail, return receipt requested.

Earliest decisionbetween Oct 16, 2026 and Nov 25, 2026

3Today

  1. 1. Done · milestone

    Written notice reaches the manufacturer

    Oct 16, 2026

    Written notice and a final opportunity to cure, if the manufacturer disclosed the requirement (§ 56-28-50).

    S.C. Code §§ 56-28-10 to 56-28-110

  2. 2. Done · milestone

    Final repair attempt

    Oct 16, 2026

    No fixed number of days for this step in the South Carolina text we read.

  3. 3. In progress · 0 day – 6 weeks

    Dispute program decides

    Oct 16, 2026 – Nov 25, 2026

    A program that follows 16 CFR Part 703 must decide within 40 days of receiving your dispute. A manufacturer’s binding procedure, or the state alternate procedure of § 56-28-90, must be used first (§ 56-28-60).

    16 CFR 703.5(d)

  4. 4. Upcoming · milestone

    Accept, refuse or go further

    Oct 16, 2026 – Nov 25, 2026

    Lawsuit within 3 years of the original delivery (§ 56-28-70).

South Carolina: each bar is proportional to the time the text gives for the step; a step with no time in the law is a milestone.

Questions people ask

How many repair attempts make a car a lemon in South Carolina?

The South Carolina presumption starts at 3 attempts on the same defect, or 30 calendar days out of service in total, within 1 year or 12,000 miles, whichever comes first. Meeting a test creates a presumption, which the manufacturer can still contest before the program or the court. Count each visit with its repair order, and keep every order with its dates.

Does the South Carolina lemon law cover used or leased cars?

New motor vehicles. Used cars: Not covered. A used car sold with the rest of the manufacturer’s warranty still carries that warranty, which federal law enforces even where the state lemon law stops. Leases are covered where the text names lessees.

Must I go through arbitration before suing under the South Carolina lemon law?

A manufacturer’s binding procedure, or the state alternate procedure of § 56-28-90, must be used first (§ 56-28-60). Time limit: Lawsuit within 3 years of the original delivery (§ 56-28-70). Under the federal rule, 16 CFR Part 703, a manufacturer program that a warranty requires you to use first must decide within 40 days, and its decision does not bind you if you go to court afterwards. The warranty booklet names any program the manufacturer offers.

Check next

Lemon law checker

Pick your state, enter your repairs and days out of service: the tests of your state’s lemon law, the steps and your deadline.

Compare state laws

Two states side by side, and the table of all 50 states and DC: period, attempts, days, dispute step, deadline.

Notice letter builder

Build the written notice to the manufacturer, with your state’s law cited; it is made in your browser and never sent.

Arbitration

State-run programs and manufacturer programs: which comes first in your state, the 40-day rule, and the timeline from notice to decision.

Deadline calculator

The last day to file a lemon law claim in your state, counted from delivery, the protection period or the warranty.

Laws and official pages behind this page

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State lemon laws 2026, read in each state code and on state consumer pages, last checked on