Under the 30 day lemon law in SC, if your new vehicle has been out of service for a cumulative 30 or more calendar days during the first 12 months or 12,000 miles because of warranty repairs, the law presumes the manufacturer has had a reasonable number of attempts to fix it and owes you a refund or a replacement.1South Carolina Legislature. South Carolina Code 56-28-50 – Presumption of Attempts to Conform The rule sits inside the South Carolina Manufacturers, Distributors, and Dealers Warranty Enforcement Act at Title 56, Chapter 28 of the state code.
What Counts Toward the 30 Days
The days are calendar days, not business days, and they do not have to be consecutive. Five separate week-long shop visits add up the same as one continuous month in the bay. What matters is that the vehicle was out of service for warranty repair work during the express warranty period, which runs for the first 12 months after delivery or the first 12,000 miles, whichever comes first.2South Carolina Legislature. South Carolina Code 56-28-30 – Nonconformity with Express Warranties; Notice Required; Repairs Required
The defect being repaired has to substantially impair the vehicle’s use, market value, or safety. A rattle in the dashboard is unlikely to qualify. A transmission that keeps slipping out of gear will. Problems caused by owner abuse, neglect, or unauthorized modification are excluded.
The warranty period is extended when repair services become unavailable through no fault of anyone involved, such as a natural disaster or a labor strike.
The law covers new private passenger motor vehicles (cars, trucks, and vans designed for ten or fewer people, and trucks at or below the statutory weight limits) and new motorcycles, including three-wheel motorcycles.3South Carolina Legislature. South Carolina Code 56-28-10 – Definitions Mopeds, off-road vehicles, and the living quarters of a motorhome are not covered, and used vehicles are outside this statute entirely.
The Three-Repair Alternative
The 30-day rule is one of two ways to trigger the lemon law presumption. The other is the three-repair rule: if the same defect has been repaired three or more times by the manufacturer or an authorized dealer during the warranty period and the problem still exists, the presumption applies.1South Carolina Legislature. South Carolina Code 56-28-50 – Presumption of Attempts to Conform
You only need to meet one. The 30-day path tends to fit vehicles with multiple unrelated issues that each take time to diagnose. The three-repair path fits a single defect that keeps returning after each attempted fix.
Documentation That Proves the 30 Days
Every repair order is evidence. Keep them all. Each one should show the date the vehicle was dropped off, the date it was picked up, the mileage, and a description of the complaint and the work performed. Those drop-off and pick-up dates are what you’ll count to reach 30.
Keep a personal log too. Write down when you first noticed each problem and the mileage at that moment. The first-report mileage figure directly affects how much money comes back to you, so it’s worth recording carefully. Hold on to the purchase contract, the window sticker, and the warranty booklet, and note the manufacturer’s corporate address from the owner’s manual.
Sending Written Notice to the Manufacturer
Hitting 30 days does not by itself force a refund. Before you can demand one, you must send the manufacturer written notice of the defect and give them one last chance to repair it, provided the manufacturer clearly informed you of the written-notice obligation at the time of sale.4South Carolina Legislature. South Carolina Code 56-28-50 – Presumption of Attempts to Conform
The letter should describe the nonconformity, list the dates and locations of prior repair attempts, and state that you are invoking your rights under the Manufacturers Warranty Enforcement Act. It has to be sent by registered, certified, or express mail. Ordinary first-class mail does not satisfy the statute. Keep the mailing receipt and the return receipt as proof.
The Final Repair Attempt
After receiving your notice, the manufacturer has 10 business days to direct you to an authorized repair facility. Once you deliver the vehicle there, the manufacturer has another 10 business days to attempt the repair.5South Carolina Department of Consumer Affairs. FAQ These are business days, not calendar days. If the defect still exists after that final attempt, you can move forward with a demand for a refund or replacement.
Refund or Replacement, and the Mileage Offset
Section 56-28-40 requires the manufacturer to either replace the vehicle with a comparable one or take it back and refund the purchase price. The choice belongs to the manufacturer, not to you.6South Carolina Legislature. South Carolina Code 56-28-40 – Replacement of Motor Vehicle; Refund of Purchase Price
If the refund route is chosen, the manufacturer must cover the full purchase price plus finance charges, sales tax, license and registration fees, and similar government charges. The refund is paid to you and your lienholder according to your respective interests on the title.
The law subtracts a “reasonable allowance for use” from the refund, calculated as:
(Full purchase price × miles driven before the first report of the defect) ÷ 120,000
The 120,000 figure represents the vehicle’s expected useful life. On a $36,000 truck with the defect first reported at 3,000 miles, the offset works out to $36,000 × (3,000 ÷ 120,000), or $900. The refund would be $35,100 plus fees and finance charges. Reporting the defect the moment you notice it protects your refund; every mile driven before that first report enlarges the offset.
Arbitration Before You Sue
If the manufacturer runs an informal dispute settlement program that complies with the Federal Trade Commission’s Rule 703, you have to use it before filing a lawsuit.1South Carolina Legislature. South Carolina Code 56-28-50 – Presumption of Attempts to Conform Most major manufacturers have one, often through BBB Auto Line or a similar third-party service. The arbitrator’s decision binds the manufacturer but not you, so an unfavorable outcome does not shut the courthouse door.5South Carolina Department of Consumer Affairs. FAQ
Rule 703 sets procedural standards for these programs, including qualified decision-makers, recordkeeping, and annual audits reported to the FTC. If a manufacturer’s program does not meet the rule, you can skip arbitration and go straight to court. The South Carolina Department of Consumer Affairs can tell you whether a particular program qualifies.
Attorney Fees and the Filing Deadline
A consumer who wins in court can be awarded attorney fees based on actual time expended, plus court costs and other reasonable expenses connected to the claim.4South Carolina Legislature. South Carolina Code 56-28-50 – Presumption of Attempts to Conform The court can deny fees when it considers an award inappropriate, but the fee-shifting provision is the reason many South Carolina lemon law attorneys will take a strong case on contingency or a reduced fee.
You have three years from the date the vehicle was originally delivered to you to bring an action under this chapter. Arbitration takes time and the clock does not stop while it runs, so a claim that starts strong at month 12 can quietly weaken toward month 36. If your repair-order dates are pushing past 30 cumulative days, send the written notice, and start counting toward the three-year deadline from delivery, not from when the trouble began.