Revocation of Acceptance

Bought a Car That Doesn't Run Right?

What is "Revocation of Acceptance"?

If you buy a car with serious problems, you may have the right to revoke acceptance under South Carolina's version of the Uniform Commercial Code (UCC § 36-2-608).

This means you can legally reject the car after buying it—even if you already took it home—if certain legal conditions are met.

Legal Reasons for Revoking Acceptance of a Car

You may revoke acceptance if:

  • The car has a substantial defect that significantly impairs its value to you
  • You didn't know about the defect when you accepted the car
  • The seller promised to fix it and didn't, or the problem was hard to discover right away

Minor issues or problems you knew about before the sale generally do not give you the right to revoke acceptance.

How Much Time Do You Have?

There is no exact number of days set in the law, but you must revoke:

  • Within a reasonable time after discovering the problem
  • Before the car has been used too much or altered in a way that makes it impossible to return in similar condition

It's best to act as soon as you know the defect is serious and won't be fixed.

Steps to Revoke Acceptance

If You Still Have the Vehicle:

  1. Stop using the car immediately
  2. Write a letter to the seller saying you revoke acceptance due to serious defects
  3. Explain the problem and why it makes the vehicle unusable
  4. Return the car
  5. Keep copies of all letters, emails, and receipts
  6. Do not modify or damage the vehicle, and don't let anyone, including yourself, try to repair it

If You Do Not Have the Vehicle:

  1. In your letter, explain why you no longer have it (e.g., towed, impounded, traded in, returned for repair that hasn't been done)
  2. Say you are revoking acceptance based on the condition of the vehicle when you had it
  3. Request a refund or cancellation of the contract, and be specific about the amount owed back to you
  4. Include any evidence of problems (mechanic reports, photos, texts with seller)

What Happens Next?

  • The seller may offer a refund or repair, or may cancel the deal
  • If they refuse, you may need to file a lawsuit or respond to one filed against you
  • Legal help can make a big difference
  • You can file a complaint on your own with the S.C. Department of Consumer Affairs at www.consumer.sc.gov

Mission

South Carolina Legal Services provides civil legal services to protect the rights and represent the interests of low income South Carolinians.

Vision

A South Carolina where everyone has equal access to justice, regardless of their income.

Contact Us

1-888-346-5592
Apply Online
www.sclegal.org
www.lawhelp.org/sc

Download PDF