What Is the Lemon Law in South Carolina for Used Cars

South Carolina's lemon law, officially known as the "Enforcement of Motor Vehicle Express Warranty Act," is codified in S.C. Code Ann. § 56-28-10 et seq.. The statute provides consumer remedies exclusively for new motor vehicles purchased or leased for personal, family, or household use and registered in South Carolina.

Used vehicles are not covered by this framework. However, consumers who purchase defective used vehicles retain access to protections through federal law, state consumer protection statutes addressing unfair and deceptive dealer practices, and implied warranty standards established by South Carolina's adoption of the Uniform Commercial Code.

What Protections Do Used Car Buyers Have in South Carolina?

Although South Carolina's lemon law does not extend to used vehicles, multiple protective mechanisms remain accessible through federal safeguards, state dealer regulation statutes, and commercial law principles.

Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act furnishes federal protection to consumers who acquire used vehicles accompanied by written warranties from dealers or manufacturers. This federal statute authorizes recovery of actual damages, reasonable attorney fees, and court costs for warranty breaches. A critical provision stipulates that when sellers furnish service contracts with used vehicle purchases, they cannot disclaim implied warranties despite any "as is" designations appearing in sales documents.

FTC Used Car Rule Requirements

The Federal Trade Commission enforces the Used Car Rule, requiring dealers to display a Buyers Guide on every used vehicle offered for retail sale. This mandatory disclosure document must clearly specify whether the vehicle carries a dealer warranty or is sold without warranty protections. The guide must itemize which systems are covered by any warranty, specify coverage duration, and identify the percentage of repair expenses borne by the dealer versus the consumer. Consumers must also receive advisement to procure independent history reports and verify status regarding manufacturer safety recalls.

South Carolina Motor Vehicle Dealer Act

South Carolina's Motor Vehicle Dealer Act, codified in S.C. Code Ann. § 56-15-10 et seq., establishes prohibitions against unfair methods of competition and unfair or deceptive acts or practices by automobile dealers. This statute applies to both new and used vehicle transactions. Dealers are prohibited from engaging in false, deceptive, or misleading advertising; misrepresenting vehicle condition or history; concealing known defects; or making representations they cannot substantiate. Consumers injured by violations of this statute may pursue remedies through the South Carolina Department of Consumer Affairs or initiate private legal action.

Understanding "As Is" Sales in South Carolina

South Carolina recognizes "as is" designations in used vehicle sales, permitting dealers to limit warranty obligations through this mechanism. However, statutory requirements constrain dealers' ability to employ such disclaimers universally. Dealers must comply with specific disclosure mandates and cannot circumvent prohibitions against deceptive practices through "as is" language alone.

What "As Is" Means for Buyers

When a used vehicle carries an "as is" designation under South Carolina law:

• The dealer disclaims responsibility for mechanical repairs or replacement of defective components following sale completion
• The buyer assumes all financial risk for defects, malfunctions, and system failures present at the time of purchase
• No dealer-provided warranty protections apply to vehicle condition or mechanical performance (absent federal protections under Magnuson-Moss)
• Remedies for defects discovered after delivery generally remain unavailable unless dealer fraud or misrepresentation is demonstrable

Limited Dealer Disclosure Requirements

When dealers employ "as is" designations, South Carolina law still mandates specific disclosure practices that cannot be circumvented. Federal regulations require the Buyer's Guide to bear a conspicuous "As Is—No Dealer Warranty" label. Dealers are prohibited from providing inaccurate information about the vehicle's operational condition, mechanical status, collision involvement, or any preceding damage. All title-related disclosures, encompassing salvage titles and rebuilt designations, must be communicated with complete accuracy. Verbal commitments or assurances made during negotiations cannot supersede or modify the written "as is" terms of the purchase agreement. Should dealers fail to adhere to these mandatory disclosure protocols, courts may determine the "as is" disclaimer to be invalid and unenforceable.

Limited Exceptions to "As Is" Sales

Despite "as is" language in purchase agreements, South Carolina courts recognize that buyers may pursue legal remedies against dealers in the following circumstances:

Deceptive or Inaccurate Information

• Dealers provide false or misleading information about the vehicle's mechanical condition
• Dealers misrepresent the vehicle's performance capabilities
• Dealers provide inaccurate details about the vehicle's service history

Concealment of Material Facts

• Dealers knowingly withhold significant facts regarding defects
• Dealers conceal information about the vehicle's suitability for safe operation

False Documentation Claims

• Dealers provide false information concerning odometer readings
• Dealers misrepresent prior collision damage
• Dealers provide an inaccurate certificate of title classification

Unsupported or Contradictory Assertions

• Dealers make claims that lack factual support
• Dealers make assertions that conflict with previously provided written documentation

Prohibited Conduct

• Dealers engage in odometer tampering
• Dealers improperly brand titles

Buyer's Rights

When any of these circumstances occur, buyers retain the right to pursue claims and seek damages despite having executed an "as is" sales contract.

Filing a Consumer Complaint

South Carolina Department of Consumer Affairs
293 Greystone Boulevard, Suite 400, Columbia, SC 29210
Phone: (803) 734-4200
Toll-free: (800) 922-1594
Official Website: Department of Consumer Affairs