S 213 Session 111 (1995-1996)
S 0213 General Bill, By Glover and Washington
A BILL TO AMEND ARTICLE 1, CHAPTER 15, TITLE 56, 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.
10/17/94 Senate Prefiled
10/17/94 Senate Referred to Committee on Transportation
01/10/95 Senate Introduced and read first time SJ-73
01/10/95 Senate Referred to Committee on Transportation SJ-73
A BILL
TO AMEND ARTICLE 1, CHAPTER 15, TITLE 56, 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. Article 1, Chapter 15, Title 56 of 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 and the 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 does not substantially impair the use and value of the vehicle
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.
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