Bill 3905

                    Current Status

Introducing Body:               House
Bill Number:                    3905
Primary Sponsor:                J.W. Johnson
Committee Number:               15
Type of Legislation:            GB
Subject:                        Motor Vehicle Damage Disclosure
                                Act
Residing Body:                  Senate
Current Committee:              Transportation
Computer Document Number:       DKA/3290.AL
Introduced Date:                Apr 11, 1991
Last History Body:              Senate
Last History Date:              Mar 05, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   J.W. Johnson
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3905  Senate  Mar 05, 1992  Introduced, read first time,    15
                             referred to Committee
 3905  House   Mar 04, 1992  Read third time, sent to
                             Senate
 3905  House   Mar 03, 1992  Read second time
 3905  House   Feb 26, 1992  Committee Report: Favorable     26
 3905  House   Apr 11, 1991  Introduced, read first time,    26
                             referred to Committee

COMMITTEE REPORT

February 26, 1992

H. 3905

S. Printed 2/26/92--H.

Read the first time April 11, 1991.

To whom was referred a Bill (H. 3905), to amend Title 56, Code of Laws of South Carolina, 1976, by adding Chapter 32 so as to require motor vehicle dealers to disclose to purchasers in writing, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

THOMAS C. ALEXANDER, for Committee.

A BILL

TO AMEND TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 SO AS TO REQUIRE MOTOR VEHICLE DEALERS TO DISCLOSE TO PURCHASERS IN WRITING ANY NEW CAR DAMAGES WHICH EXCEED THREE PERCENT OF THE "MANUFACTURER'S SUGGESTED RETAIL PRICE".

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

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 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 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.

(B) A motor vehicle dealer is not required to disclose to purchaser that any glass, tires, or bumper of a new motor vehicle was damaged at any time if the damaged 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 any 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.