Consumer Protection · Lemon Law
Lemon Law in South Carolina
How many repair attempts and days out of service before South Carolina presumes your vehicle is a lemon, and whether used cars are covered.
presumption trigger (same defect)
Do I meet the South Carolina lemon presumption?
Enter your repairs and downtime. This checks the presumption; it is not a legal verdict.
This checklist is educational, not a legal verdict. Every state writes these numbers as a rebuttable presumption: hitting them shifts the burden to the manufacturer, and the manufacturer can still rebut it. Keep every repair order, send any required written notice, and consult a lawyer about your specific facts. This is legal information, not legal advice.
How the presumption works in South Carolina
The prongs that shift the burden to the manufacturer.
The trigger date matters in South Carolina: the defect must arise within the first 12 months or 12,000 miles for the lemon law to apply. There is no smaller repair count for safety defects, and no mileage cap beyond that 12,000-mile figure.
Every state, South Carolina included, writes these thresholds as a rebuttable presumption. Reaching them shifts the burden onto the manufacturer to prove your vehicle is not a lemon; it does not mean you automatically win. You may also qualify with fewer attempts if a "reasonable number" of repairs is shown some other way, and the manufacturer can rebut the presumption. This is legal information, not legal advice.
Used cars & leased vehicles
Which of the three coverage categories South Carolina falls in.
The full picture, with the source
Every figure, and where it comes from.
| Same-defect attempts | 3 |
| Serious-safety attempts | No separate safety count |
| Days out of service | 30 calendar days |
| Coverage window | 12 months or 12,000 miles from purchase (whichever comes first) |
| Used cars | New vehicles only |
| Leased vehicles | Covered |
| Statute | S.C. Code §56-28-10 et seq. (presumption §56-28-50) |
What South Carolina car buyers get wrong
South Carolina runs its lemon law through the Enforcement of Motor Vehicle Express Warranties Act (S.C. Code §56-28-10 et seq.). The state presumes a lemon after the same substantial defect has been repaired 3 or more times and still exists, or after the vehicle has been out of service for 30 calendar days, provided the problem first appeared within the first 12 months or 12,000 miles. Those figures are presumption triggers under §56-28-50: hitting them shifts the burden to the manufacturer rather than deciding the case on its own. Two points that trip people up: the 30 out-of-service days do not need to run back to back, and the whole thing hinges on the defect surfacing inside that first-year, 12,000-mile window. The law reaches both purchasers and lessees, and it applies to new vehicles only, so a used car bought later is not covered.
Common questions
How many repairs make a car a lemon in South Carolina?
South Carolina presumes a lemon after the same defect is repaired 3 or more times and still exists, or after 30 calendar days out of service, if the problem arose within the first 12 months or 12,000 miles. It is a rebuttable presumption that shifts the burden to the manufacturer.
Do the 30 out-of-service days have to be in a row in South Carolina?
No. The statute counts a cumulative total of 30 or more calendar days out of service for repair. The days do not have to be consecutive.
What is the time limit on the South Carolina lemon law?
The defect must first fail to conform to the warranty within the first 12 months of purchase or the first 12,000 miles of operation, whichever comes first.
Does South Carolina’s lemon law cover used cars?
No. The law applies only to new vehicles that have not been used beyond demonstration purposes. South Carolina has no separate used-car lemon law.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.