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326Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20010214Primary Sponsor: GloverAll Sponsors: Glover, Ford, Anderson, Patterson, Matthews and JacksonDrafted Document Number: l:\council\bills\ggs\22841cm01.docResiding Body: SenateCurrent Committee: Transportation Committee 15 STSubject: Motor vehicle dealers selling used vehicle must warrant and guarantee for thirty days; Consumer Affairs, WarrantiesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010214 Introduced, read first time, 15 ST referred to Committee Versions of This 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 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 pursuant to this section that an alleged defect does not impair the use and value substantially 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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