A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 39-1-100 SO AS TO PROVIDE THAT CERTAIN MANUFACTURERS' WARRANTIES ON HEATING, VENTILATION, AND AIR-CONDITIONING SYSTEMS AUTOMATICALLY TRANSFER TO NEW OWNERS IN THE EVENT OF A TRANSFER OF THE REAL PROPERTY.

 

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

 

SECTION 1.  Chapter 1, Title 39 of the S.C. Code is amended by adding:

 

    Section 39-1-100.  (A) Notwithstanding any other provision of law, if a residential real property that includes a heating, ventilation, and air-conditioning (HVAC) system as a fixture to the property is conveyed to a new owner after June 30, 2026, a manufacturer's warranty in effect on that system or a component of that system:

       (1) is automatically transferred to the new owner; and

       (2) continues in effect as if the new owner was the original purchaser of such system or component, as applicable.

    (B) A warrantor continues to be obligated under the terms of a manufacturer's warranty agreement for a warranty transferred pursuant to this section and may not charge a fee for the transfer of the warranty.

    (C) The transfer of a manufacturer's warranty pursuant to this section does not extend the remaining term of the warranty.

    (D) A manufacturer's warranty of an HVAC system or a component of the system may not be in any way conditioned upon the product registration.

    (E) This section applies if:

       (1) a sale of a residential property that includes an HVAC system as a fixture to the property occurs after June 30, 2026; and

       (2) a manufacturer's warranty is still in effect on the HVAC system or a component of the system.

 

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

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