Current Status Bill Number:
3552Ratification Number: 83Act Number: 51Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19950208Primary Sponsor: JenningsAll Sponsors: Jennings, Tucker, Baxley, Chamblee, Stuart, Canty, Richardson, Askins, Inabinett, Littlejohn, Meacham, Sandifer, Lanford, Wofford,Herdklotz, Moody-Lawrence, Quinn, Law, Sheheen, McCraw, Whatley, Shissias, Kirsh, Fleming, Stille, Limbaugh, Lloyd, Huff, Cain, Seithel, Hines, Wells, Allison, Vaughn, Davenport, Tripp, Easterday, D. Smith, Dantzler, J. Harris, Klauber and Cooper Drafted Document Number: dka\3672cm.95Date Bill Passed both Bodies: 19950510Governor's Action: SDate of Governor's Action: 19950517Subject: Motor Vehicle Damage Disclosure Act
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19950517 Act No. A51 ------ 19950517 Signed by Governor ------ 19950511 Ratified R83 Senate 19950510 Read third time, enrolled for ratification Senate 19950509 Read second time Senate 19950427 Polled out of Committee: 15 ST Without report Senate 19950328 Introduced, read first time, 15 ST referred to Committee House 19950324 Read third time, sent to Senate House 19950323 Unanimous consent for third reading on the next Legislative day House 19950323 Read second time House 19950322 Committee report: Favorable 26 HLCI House 19950208 Introduced, read first time, 26 HLCI referred to CommitteeView additional legislative information at the LPITS web site.
(A51, R83, H3552)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 56 SO AS TO REQUIRE MOTOR VEHICLE MANUFACTURERS TO DISCLOSE POST-MANUFACTURING DAMAGES AND REPAIRS IN WRITING TO MOTOR VEHICLE DEALERS, TO REQUIRE MOTOR VEHICLE DEALERS TO DISCLOSE TO MOTOR VEHICLE PURCHASERS IN WRITING NEW CAR DAMAGES WHICH EXCEED THREE PERCENT OF THE "MANUFACTURER'S SUGGESTED RETAIL PRICE", AND TO DEFINE "MANUFACTURER'S SUGGESTED RETAIL PRICE".
Be it enacted by the General Assembly of the State of South Carolina:
Motor vehicle damage disclosure
SECTION 1. Title 56 of the 1976 Code is amended by adding:
Section 56-32-10. This chapter applies to new motor vehicles as defined in Section 56-28-10(5).
Section 56-32-20. (A) A motor vehicle manufacturer shall disclose, in writing to a motor vehicle dealer at the time of delivery of a new motor vehicle, damage and repair to the new motor vehicle that occurred while the vehicle was in the possession or under the control of the manufacturer if the damage exceeds three percent of the manufacturer's suggested retail price as calculated at the rate of the dealer's authorized warranty rate for labor and parts. A manufacturer is not required to disclose to a dealer that the glass, tires, bumper, or in-dash equipment of or in a motor vehicle was damaged if the damaged item has been replaced with original or comparable new equipment.
(B) A motor vehicle dealer shall disclose, in writing to a purchaser of a new motor vehicle before entering into a sales contract, any damage and repair to the new motor vehicle if the cost of the damage exceeds three percent of the manufacturer's suggested retail price calculated at the rate of the dealer's authorized warranty rate for labor and parts. A dealer is not required to disclose to a purchaser that the glass, tires, bumper, or in-dash equipment of or in a new motor vehicle was damaged if the equipment or item has been replaced with original or comparable new equipment.
(C) If disclosure is not required under this section, a purchaser may not revoke or rescind a sales contract nor bring a civil action based solely upon the fact that the new motor vehicle was damaged and repaired before completion of the sale.
(D) For purposes of this section, `manufacturer's suggested retail price' means the retail price of the new motor vehicle suggested by the manufacturer including the retail delivered price suggested by the manufacturer for each accessory or item of optional equipment physically attached to the new motor vehicle at the time of delivery to the motor vehicle dealer."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 17th day of May, 1995.