When Is a Car a Lemon in South Carolina?

Under South Carolina law, a car becomes a “lemon” when it has a nonconformity (defect or condition) that impairs the use or substantially lowers the market value of the vehicle under § 56-28-10, AND the manufacturer has failed to repair the nonconformity within a “reasonable number of attempts” under § 56-28-30.

The two pathways to “lemon” status

Pathway 1 — 3 repair attempts

• The same nonconforming condition has been subject to three or more repair attempts by the manufacturer or its agents; AND
• Within the express warranty term.

Pathway 2 — 30 cumulative OOS days

• The motor vehicle is out of service due to repair attempts; AND
• For a cumulative total of 30 or more calendar days during the express warranty.

Either pathway satisfies the § 56-28-30 presumption.

What counts as a “nonconformity”

A nonconformity is any defect or condition that:

• Impairs the use of the vehicle, OR
• Substantially lowers the market value of the vehicle.

The “or” creates two independent paths — a defect that impairs use need not separately reduce market value to qualify, and vice versa.

Common nonconformities (see qualifying defects coverage):

• Transmission failures — CVT shudder, hard shifts, slipping.
• Engine failures — misfires, stalling, oil consumption.
• Brake failures — pedal-to-floor, fade, ABS failure.
• Electrical failures — parasitic drain, BCM failures.
• Steering/suspension failures — death-wobble, pull, vibration.
• Infotainment failures — backup-camera failure (FMVSS 111), system freezes.
• EV-specific failures — battery degradation, charging failures, range loss.

The Lemon Law Rights Period — 12 months / 12,000 miles

In addition to the § 56-28-30 presumption, the defect must be first reported within 12 months OR 12,000 miles of original delivery (whichever first), during the express warranty term. Reports after this window forecloses the Lemon Law framework — though Magnuson-Moss and SCUTPA remain available with their own SOLs.

What does NOT make a car a lemon

The following are typically NOT lemon-law qualifying defects:

• Owner abuse, neglect, or modification.
• Accident damage.
• Normal wear — tires, brake pads, wiper blades, light bulbs.
• Cosmetic complaints with no use or value impact.
• Defects beyond manufacturer control.
• Defects on commercial-only vehicles or 10,000+ lbs GVWR vehicles.
• Used vehicles — SC has no separate Used Car Lemon Law.

Beyond the presumption

Meeting the § 56-28-30 presumption establishes a strong legal position — but consumers can sometimes prevail with fewer attempts when facts support it. Common scenarios with fewer attempts:

• Safety-critical single failures with NHTSA / class-action history.
• Long cumulative OOS combined with other facts.
• Clear industry-wide pattern with strong public-interest evidence (for SCUTPA stacking).

Bottom line

A car is an SC lemon when:

1. The defect impairs use or substantially lowers market value under § 56-28-10,
2. The defect was first reported within the 12-month / 12K Rights Period, AND
3. The § 56-28-30 presumption is satisfied — either 3 repair attempts OR 30 cumulative OOS days within the express warranty term.

Once these elements are met, the consumer is entitled to refund or replacement under § 56-28-40 (at manufacturer’s option) plus discretionary § 56-28-50 attorney fees — with additional SCUTPA mandatory treble + fees (subject to public-interest test) and Magnuson-Moss federal fees potentially available.

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