Vehicle Types Covered by South Carolina Lemon Law

South Carolina’s Lemon Law (§ 56-28-10 et seq.) covers new motor vehicles including passenger vehicles, small trucks, vans, and motorcycles (explicitly including three-wheel motorcycles under § 56-28-10(4)). Lessees are covered as “consumers” under § 56-28-10(1). There is no separate Used Car Lemon Law in South Carolina — used-vehicle claims rely on Magnuson-Moss, UCC implied warranties under S.C. Code § 36-2-314, and SCUTPA.

What’s covered under SC Lemon Law

§ 56-28-10 covers:

• New motor vehicles — passenger vehicles, small trucks, vans.
• Motorcycles — explicitly including three-wheel motorcycles.
• Personal, family, or household use.
• Lessees under § 56-28-10(1) definition of “consumer.”
• Subsequent transferees entitled by warranty to enforce obligations.

What’s excluded

• Vehicles 10,000+ lbs GVWR — heavy commercial trucks excluded.
• Used vehicles — no separate SC Used Car Lemon Law (unlike CT § 42-221, NJ § 56:8-67, MA § 7N¼, NY § 198-b).
• Motor homes (chassis may still be covered).
• Commercial-only use vehicles.

Topics in this section

• Used vehicles — How to handle used-vehicle defects without an SC Used Car Lemon Law. Magnuson-Moss, UCC implied warranties, SCUTPA.
• Leased vehicles — Lessee rights under § 56-28-10(1). Coordination with lessor.
• Electric vehicles — BMW iX (Spartanburg-built home-state), Volvo / Polestar (Ridgeville-built home-state), Tesla, Mercedes-Benz, Hyundai Ioniq, Ford Mustang Mach-E.
• Motorcycles — Motorcycles AND three-wheel motorcycles explicitly covered under § 56-28-10(4). Harley-Davidson, Honda, Yamaha, Kawasaki, BMW Motorrad, Indian.
• RVs — Motor homes excluded by statute, but chassis may be covered. Towable RVs handled under Magnuson-Moss.
• Commercial vehicles — Vehicles 10,000+ lbs GVWR excluded. Magnuson-Moss and UCC available.

Why used-vehicle coverage matters in SC

South Carolina is one of the states without a separate Used Car Lemon Law. Compare to:

• Connecticut § 42-221 — mandatory dealer warranty for used cars.
• New Jersey § 56:8-67 — Used Car Lemon Law mandatory dealer warranty.
• Massachusetts § 7N¼ — Used Car Lemon Aid with sliding-scale warranty.
• New York § 198-b — Used Car Lemon Law with dealer warranty obligation.

SC used buyers rely on:

• Federal Magnuson-Moss Warranty Act for any remaining manufacturer warranty or dealer-provided written warranty.
• UCC implied warranty of merchantability under S.C. Code § 36-2-314 — but disclaimable by “AS IS” sales (subject to Magnuson-Moss limitation when written warranty exists).
• SCUTPA for dealer misrepresentation, undisclosed prior damage, odometer fraud, flood-vehicle non-disclosure — particularly important post-hurricane on the SC coast.
• Remaining factory warranty — original purchaser’s 12-month / 12K Lemon Law Rights Period can transfer to subsequent buyer in narrow circumstances.

Coastal flood-vehicle warning

SC’s Atlantic coast (Charleston, Myrtle Beach, Hilton Head, Beaufort, Pawleys Island, Edisto) sees periodic hurricane-flood events. Flood vehicles enter the resale market through title-washing, cosmetic drying, and direct non-disclosure. This is paradigm SCUTPA territory:

• Undisclosed flood is an unfair/deceptive practice satisfying SCUTPA’s first element.
• Actual ascertainable damages (vehicle worth less than paid) satisfy the second element.
• Pattern of flood-vehicle non-disclosure across the SC resale market typically satisfies SCUTPA’s public-interest third element.

Mandatory treble damages (willful) and mandatory § 39-5-140(a) fees apply once SCUTPA elements satisfied.

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