S 0467 General Bill, By Glover
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 56-15-135, so as to provide that a motor vehicle dealer selling a purchaser a
 previously-owned vehicle must warrant and guarantee all parts and equipment of
 the vehicle for a period of at least thirty days, and to require the dealer
 under certain conditions to refund the purchase price of the vehicle or
 replace it with a similar one of equal value acceptable to the purchaser at
 the end of this thirty-day period if the defects of the motor vehicle have not
 been remedied.

   02/24/93  Senate Introduced and read first time SJ-7
   02/24/93  Senate Referred to Committee on Transportation SJ-8

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-15-135, SO AS TO PROVIDE THAT A MOTOR VEHICLE DEALER SELLING A PURCHASER A PREVIOUSLY-OWNED VEHICLE MUST WARRANT AND GUARANTEE ALL PARTS AND EQUIPMENT OF THE VEHICLE FOR A PERIOD OF AT LEAST THIRTY DAYS, AND TO REQUIRE THE DEALER UNDER CERTAIN CONDITIONS TO REFUND THE PURCHASE PRICE OF THE VEHICLE OR REPLACE IT WITH A SIMILAR ONE OF EQUAL VALUE ACCEPTABLE TO THE PURCHASER AT THE END OF THIS THIRTY-DAY PERIOD IF THE DEFECTS OF THE MOTOR VEHICLE HAVE NOT BEEN REMEDIED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 56-15-135. (A) As used in this section:

(1) `Purchaser' means a person purchasing a previously-owned motor vehicle for valuable consideration, other than for purposes of resale.

(2) `Motor vehicle' means a motor vehicle as defined by Section 56-3-20(2) which is sold in this State.

(B) A motor vehicle dealer selling a purchaser a previously-owned motor vehicle must warrant and guarantee all parts and equipment of the vehicle for a period of at least thirty days. This warranty and guarantee must be in addition to any other warranties applicable to the vehicle.

(C) If the motor vehicle dealer is unable to repair or correct a defect or condition in the vehicle after three attempts within the thirty-day guarantee period established by this section which defect or condition substantially impairs the use and value of the motor vehicle to the purchaser, the dealer shall replace the motor vehicle with a similar vehicle of equal value acceptable to the purchaser or accept return of the vehicle from the purchaser and refund to the purchaser the full purchase price including all collateral charges, less a reasonable allowance for the purchaser's use of the vehicle. Refunds must be made to the purchaser and lienholder, if any, as their interests may appear. A reasonable allowance for use is that amount directly attributable to use by the purchaser before his first report of the defect to the dealer and during a subsequent period when the vehicle is not out of service by reason of repair. It is an affirmative defense to a claim under this section that an alleged defect substantially does not impair the use and value or that a defect is the result of abuse, neglect, or unauthorized modifications or alterations of the motor vehicle by a purchaser.

(D) Nothing in this section limits the rights or remedies which are otherwise available to a purchaser under any other provision of law."

SECTION 2. This act takes effect upon approval by the Governor.