Lemon Law Demand Letter — South Carolina

LEMON LAW DEMAND LETTER

STATE OF SOUTH CAROLINA

Enforcement of Motor Vehicle Express Warranties (South Carolina's Lemon Law) — S.C. Code Ann. §§ 56-28-10 through 56-28-110

SENT VIA [REGISTERED / CERTIFIED / EXPRESS] MAIL

[__/__/____]

[________________________________] (Manufacturer)
ATTN: Customer Relations / Legal Department
[________________________________]
[________________________________]

[________________________________] (Authorized Dealer)
ATTN: General Manager / Service Manager
[________________________________]
[________________________________]

Re: SOUTH CAROLINA LEMON LAW DEMAND & WRITTEN NOTICE — S.C. CODE ANN. § 56-28-50(B)
Consumer: [________________________________]
Vehicle: [____] [________________________________] [________________________________] [________________________________]
VIN: [________________________________]
Purchase / Lease Date: [__/__/____]
Odometer at Purchase: [____] miles
Current Odometer: [____] miles
Mileage at First Repair Report: [____] miles

Dear Sir or Madam:

This law firm represents [________________________________] ("Consumer") regarding a defective [____] [________________________________] (VIN: [________________________________]) for which the Consumer seeks relief under South Carolina's Enforcement of Motor Vehicle Express Warranties, S.C. Code Ann. §§ 56-28-10 through 56-28-110 ("SC Lemon Law").

This letter constitutes the written notification to the manufacturer contemplated by S.C. Code Ann. § 56-28-50(B). That final-opportunity procedure applies only if the manufacturer clearly and prominently informed the Consumer at the time of sale that written notification was required. When it applies, the manufacturer must, within ten (10) business days after notice, identify a reasonably accessible repair facility of a franchised new-vehicle dealer and, after delivery there, attempt repair within a further period not to exceed ten (10) business days. If repair is unsuccessful, the manufacturer must provide the remedy specified in § 56-28-40. A first-resort procedure may also apply under §§ 56-28-60 and 56-28-90.

I. SOUTH CAROLINA LEMON LAW: KEY PROVISIONS

A. Statutory Authority

This demand is made under South Carolina's Lemon Law, Enforcement of Motor Vehicle Express Warranties, S.C. Code Ann. §§ 56-28-10 through 56-28-110. When the statutory conditions are satisfied, § 56-28-40 requires the manufacturer to replace the vehicle with a comparable motor vehicle or, at the manufacturer's option, accept return and provide the statutory refund.

B. Covered Vehicles — S.C. Code Ann. § 56-28-10(4)

Under § 56-28-10(4), a "motor vehicle" is:

• (a) a private passenger motor vehicle (as classified by § 56-3-630) that is sold and registered in South Carolina — excluding the living portion of recreational vehicles and off-road vehicles; and
• (b) a motorcycle (as defined in § 56-1-10(8)), including a three-wheel motorcycle — sold and registered in South Carolina. (Motorcycles were added to coverage by 2016 Act No. 157, eff. April 21, 2016.)

The transaction must involve a "new motor vehicle" under § 56-28-10(5), and the claimant must satisfy the "consumer" definition in § 56-28-10(1), including the personal, family, or household-use and express-warranty requirements.

The [____] [________________________________] falls within the covered vehicle category.

C. Lemon Law Rights Period — S.C. Code Ann. § 56-28-30

The qualifying window under § 56-28-30 is the first twelve (12) months of purchase OR the first twelve thousand (12,000) miles of operation, whichever occurs first. If the consumer reports the nonconformity to the manufacturer or its agent during the term of the express warranty, the manufacturer must make the necessary repairs at no cost — even if the repairs are made after the term expires.

The vehicle was delivered on [__/__/____]. The nonconformity was reported within the first 12 months / 12,000 miles and during the express warranty term.

D. Presumption of a Reasonable Number of Attempts — S.C. Code Ann. § 56-28-50(A)

Under § 56-28-50(A), a presumption that a reasonable number of attempts has been made arises when either:

(A)(1) — Same Defect (3 Attempts):
The same nonconformity has been subject to repair three (3) or more times by the manufacturer or its agent within the express warranty term, and the nonconformity continues to exist.

(A)(2) — Out of Service (30 Days):
The vehicle has been out of service by reason of repair for a cumulative total of thirty (30) or more calendar days during the express warranty. Section 56-28-50(A) separately extends the express-warranty term and the twenty-day final-opportunity period when repair services are unavailable because of war, invasion, strike, fire, flood, or other natural disaster.

South Carolina's statute does not contain a one-repair-attempt trigger for safety defects; the presumption arises only under (A)(1) or (A)(2).

E. Written Notice and Final Repair Opportunity — S.C. Code Ann. § 56-28-50(B)

Before availing himself of the Act, the consumer must give written notification to the manufacturer of the need for repair, if the manufacturer clearly and prominently informed the consumer of that requirement at the time of sale. Upon receipt, the manufacturer must, within ten (10) business days, notify the consumer of a reasonably accessible repair facility of a franchised new-vehicle dealer. After the consumer delivers the vehicle, the manufacturer must attempt to repair it within a further period not to exceed ten (10) business days. If it cannot, it must provide the remedy prescribed by § 56-28-40. All notices required by § 56-28-50 must be sent by registered, certified, or express mail (§ 56-28-50(E)).

THIS LETTER CONSTITUTES THAT WRITTEN NOTICE.

F. Informal Dispute Settlement — S.C. Code Ann. § 56-28-60 (First Resort May Be Required)

If the manufacturer has established an informal dispute settlement procedure that substantially complies with 16 C.F.R. Part 703, or participates in a consumer-industry appeals, arbitration, or mediation panel or board whose decisions bind the manufacturer, § 56-28-60 makes first resort to that procedure or an available alternate procedure under § 56-28-90 a condition of the § 56-28-40 remedy. Section 56-28-90 authorizes the Department of Consumer Affairs Administrator to establish a state board; it does not itself establish one. The Consumer requests disclosure of the manufacturer's procedure under § 56-28-50(C).

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

All defects described herein arose within the Lemon Law rights period and were first reported to the manufacturer or its agent during the applicable express-warranty term.

IV. DEFECT DESCRIPTION

A. Nature of Nonconformity

The vehicle suffers from the following nonconformity(ies) that substantially impair its use, value, or safety within S.C. Code Ann. § 56-28-10(6):

PRIMARY DEFECT:

ADDITIONAL DEFECT(S) (if applicable — repeat for each):

V. REPAIR HISTORY

Repair Attempt No. 1

Repair Attempt No. 2

Repair Attempt No. 3

(Add additional repair attempts as needed.)

Summary of Repair Attempts and Out-of-Service Days

VI. LEMON LAW QUALIFICATION ANALYSIS

Our Client's vehicle meets the SC Lemon Law presumption under S.C. Code Ann. § 56-28-50(A) on the following basis:

☐ THREE-REPAIR THRESHOLD MET (§ 56-28-50(A)(1)): The same nonconformity ([________________________________]) has been subject to repair [____] times — equaling or exceeding the three (3) attempt threshold. South Carolina requires only three attempts (versus four in many states), and that threshold has been satisfied.

☐ 30-DAY OUT-OF-SERVICE THRESHOLD MET (§ 56-28-50(A)(2)): The vehicle has been out of service for a cumulative total of [____] calendar days — equaling or exceeding the 30-day threshold. Days are counted in calendar days (not business days) per SC law.

☐ COMBINATION: Both the repair attempt threshold and the out-of-service threshold have been met.

VII. REQUEST FOR THE STATUTORY REMEDY

Pursuant to S.C. Code Ann. § 56-28-40, the Consumer requests prompt resolution through the remedy the statute assigns to the manufacturer: a comparable replacement vehicle or, at the manufacturer's option, return of the Vehicle and the statutory refund.

A. Refund Calculation if the Manufacturer Elects Refund

If the manufacturer elects refund under S.C. Code Ann. § 56-28-40, it must refund the full purchase price as delivered, including applicable finance charges, sales taxes, license fees, registration fees, and any other similar governmental charges, less a reasonable allowance for use:

South Carolina Use Allowance Formula (S.C. Code Ann. § 56-28-40) — note the statutory denominator is 120,000, not 100,000:

Reasonable Use Allowance = Full Purchase Price × (Miles Driven Before First Report of Nonconformity ÷ 120,000)

= $[____] × ([____] miles ÷ 120,000)
= $[____]

B. Comparable Replacement

If the manufacturer does not elect refund, S.C. Code Ann. § 56-28-40 requires a comparable motor vehicle. Any refund must be made to the Consumer and any lienholder as their interests appear on the Department of Motor Vehicles record of ownership.

C. Costs and Fees if Litigation Is Required

Under S.C. Code Ann. § 56-28-50(D), a consumer who finally prevails in an action under Chapter 28 may be allowed costs, expenses, and attorney's fees based on actual time expended. The award is discretionary, and the court may decline it if inappropriate.

VIII. FINAL REPAIR OPPORTUNITY — 10-BUSINESS-DAY WINDOW (§ 56-28-50(B))

If [________________________________] (Manufacturer) clearly and prominently disclosed the written-notice requirement at the time of sale, this letter provides the final repair opportunity under S.C. Code Ann. § 56-28-50(B). If the requirement was not properly disclosed, the Consumer does not concede that this final-opportunity procedure is a condition of relief.

If the statutory final-opportunity procedure applies, within ten (10) business days of receiving this letter you must notify the Consumer of a reasonably accessible repair facility of a franchised new-vehicle dealer. After the Consumer delivers the vehicle, you must attempt to repair it within a further period not to exceed ten (10) business days.

To arrange the repair, contact the undersigned within five (5) business days of receipt. We will coordinate delivery of the vehicle to the authorized [________________________________] dealer you designate in South Carolina.

If the nonconformity is not cured within the final ten-business-day repair period, the manufacturer must provide the remedy prescribed by § 56-28-40, subject to any applicable first-resort procedure under § 56-28-60.

IX. RESALE RESTRICTIONS ON REPURCHASED VEHICLES (§§ 56-28-100, 56-28-110)

A vehicle repurchased by the manufacturer under this chapter may not be resold, reassigned, or retransferred in South Carolina unless the manufacturer (§ 56-28-100):

1. Notifies the Administrator of the Department of Consumer Affairs within thirty (30) calendar days, in writing, of the VIN, the reason for repurchase, and a statement that all necessary repairs were made;
2. Provides the subsequent retail purchaser a written warranty covering the vehicle for twelve (12) months or 12,000 miles, expressly including any component related to the repurchase; and
3. Discloses to any dealer or wholesale purchaser that the vehicle was required to be repurchased.

Each subsequent purchaser must also be notified by the seller of the repurchase (§ 56-28-110); failure to do so subjects the seller to an administrative penalty up to $500 per vehicle.

X. RESPONSE DEADLINE

If the § 56-28-50(B) final-opportunity procedure applies, please identify the repair facility within its ten-business-day period. In all events, the Consumer requests a written response within ten (10) business days of receipt with:

1. Your position on whether the vehicle qualifies for Lemon Law relief;
2. Your proposed statutory remedy, with a full financial breakdown if refund is elected; or
3. Confirmation of the scheduled final repair attempt.

If we do not receive a satisfactory response within the stated period, our Client will:

☐ Pursue the manufacturer's qualifying procedure or an available alternate procedure under §§ 56-28-60 and 56-28-90, if a first-resort procedure applies
☐ File suit in the South Carolina Court of Common Pleas for the § 56-28-40 remedy
☐ Report this matter to the South Carolina Department of Consumer Affairs

XI. RESERVATION OF RIGHTS

This letter is written without prejudice to all rights and remedies of our Client under applicable law, all of which are expressly reserved.

Respectfully submitted,

[________________________________]

By: _________________________________
[________________________________]
South Carolina Bar No. [____]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Attorneys for [________________________________]

ENCLOSURES:

☐ Copies of all repair orders (Attempts 1 through [____])
☐ Copy of purchase agreement / lease contract
☐ Copy of manufacturer's warranty booklet
☐ Vehicle registration and title
☐ Photographs and/or video of defect manifestation
☐ Prior written correspondence with manufacturer or dealer
☐ Rental car and towing receipts
☐ Authorization to represent

cc: [________________________________] (Consumer)
[________________________________] (Lienholder / Lease Company, if applicable)
South Carolina Department of Consumer Affairs (if copied)

SOUTH CAROLINA-SPECIFIC NOTES

Three-Repair Presumption: South Carolina's presumption applies when the same nonconformity has been subject to repair three or more times within the express-warranty term and continues to exist (§ 56-28-50(A)(1)).

First Resort May Be Required: Under § 56-28-60, if the manufacturer has established a substantially compliant informal procedure or participates in a qualifying binding panel or board, the § 56-28-40 remedy does not apply until the consumer first resorts to that procedure or an available alternate procedure under § 56-28-90. Section 56-28-90 says the Department Administrator may establish a state board; confirm availability rather than assuming one exists.

No One-Attempt Safety Trigger: South Carolina's presumption has only two prongs — three repairs (§ 56-28-50(A)(1)) or 30 calendar days out of service (§ 56-28-50(A)(2)). There is no one-repair-attempt trigger for safety-of-life defects; do not represent otherwise.

Rights Period Is 12 Months / 12,000 Miles: The qualifying window (§ 56-28-30) is the first 12 months or 12,000 miles of operation, whichever occurs first — not the warranty term. The nonconformity must be reported during the express warranty term; the repair duty then survives the term's expiration.

Calendar Days for Out-of-Service Count: South Carolina counts out-of-service days in calendar days, not business days (§ 56-28-50(A)(2)).

Use Allowance Denominator Is 120,000: The statutory use-allowance fraction (§ 56-28-40) uses a denominator of 120,000 (not 100,000), with a numerator equal to miles driven before the first report of nonconformity. A low reporting mileage minimizes the offset.

Repurchase Disclosure: Repurchased vehicles are subject to resale restrictions (§§ 56-28-100, 56-28-110), including Department notice within 30 calendar days, a 12-month/12,000-mile warranty to the next retail purchaser, and required disclosures.

Attorney's Fees Are DISCRETIONARY: Section 56-28-50(D) provides that a consumer who finally prevails may be allowed fees and costs (based on actual time expended), but the court may decline the award if it determines the award would be inappropriate. This is not a mandatory fee-shift.

Statute of Limitations — 3 Years From Delivery: Under § 56-28-70, any action must be commenced within three (3) years following the date of original delivery of the vehicle to the consumer — not one year after the rights period.

SOUTH CAROLINA LEMON LAW QUICK REFERENCE

SOURCES AND REFERENCES

• S.C. Code Ann. §§ 56-28-10 through 56-28-110 — Enforcement of Motor Vehicle Express Warranties (official): https://www.scstatehouse.gov/code/t56c028.php
• S.C. Code Ann. § 56-28-10 — Definitions ('motor vehicle' includes motorcycles per 2016 Act 157)
• S.C. Code Ann. § 56-28-30 — Rights period (12 months / 12,000 miles); repairs required
• S.C. Code Ann. § 56-28-40 — Replacement or refund; reasonable allowance for use (÷120,000)
• S.C. Code Ann. § 56-28-50 — Presumption (A); conditional written notice and 10+10-business-day final opportunity (B); attorney's fees (D); notice methods (E)
• S.C. Code Ann. § 56-28-60 — Informal dispute settlement (first resort required if complying IDSP exists)
• S.C. Code Ann. § 56-28-70 — Limitation of actions (3 years from original delivery)
• S.C. Code Ann. § 56-28-90 — Department Administrator may establish a state arbitration board
• S.C. Code Ann. §§ 56-28-100, 56-28-110 — Resale restrictions on repurchased vehicles

This template is for informational purposes only and does not constitute legal advice. Consult a licensed South Carolina attorney before use.