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Free South Carolina As-Is Bill of Sale

South Carolina's lemon law (SC Code § 56-28-10) covers only new vehicles sold by licensed dealers — private as-is sellers have no lemon-law exposure. Under SC UCC (SC Code § 36-2-316), an 'AS IS' disclaimer must be conspicuous to validly waive implied warranties. South Carolina's unique Infrastructure Maintenance Fee (IMF) — 5% of the sale price, capped at $500 — applies to every private vehicle sale including as-is transactions, so buyers always have a predictable maximum transfer cost regardless of the vehicle's condition or price.

South Carolina Requirements: Transfer title within 45 days. 5% sales tax.

Seller Information

Buyer Information

As-Is Details

Sale Information

Condition & Warranty

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South Carolina As-Is Bill of Sale — What You Need to Know

Primary Form
Standard bill of sale
Agency
South Carolina Department of Motor Vehicles
Primary ID Field
VIN
Sales Tax
0.05%
Title Required
Yes
South Carolina requires a properly assigned title and Form 400 (Application for Certificate of Title); the buyer has 45 days from the sale date to transfer the title at an SCDMV office
Inspection
Not required

Sales Tax Details

South Carolina's 5% Infrastructure Maintenance Fee (IMF), capped at $500 maximum, applies to all private vehicle sales including as-is transactions — buyers always pay this fee at the time of title transfer

Inspection Requirements

South Carolina has no statewide safety or emissions inspection requirement for private vehicle sales

South Carolina As-Is Sale — Step-by-Step Checklist

  1. Print 'AS IS — NO WARRANTIES EXPRESS OR IMPLIED' in bold, conspicuous text on the bill of sale to satisfy SC Code § 36-2-316
  2. Record the full VIN, year, make, model, odometer reading, and actual sale price — the 5% IMF (max $500) is based on this amount
  3. Assign the title with your signature, the sale date, and the buyer's information
  4. Complete or provide documentation for Form 400 (Application for Certificate of Title) for the buyer
  5. Disclose all known material defects in writing on the bill of sale
  6. Provide the buyer with a signed bill of sale in duplicate; retain your copy
  7. Remind the buyer of the 45-day window to transfer the title and pay the IMF at an SCDMV office

Common Pitfalls

  • Underreporting the sale price to reduce the IMF — for vehicles under $10,000 the cap of $500 may not apply, so a lower price directly reduces the fee; SCDMV can challenge prices below book value, and deliberate underreporting is fraud
  • Non-conspicuous as-is language — a disclaimer buried in body text does not satisfy SC Code § 36-2-316 and may be voided by a court
  • Failing to disclose a salvage or branded title — while SC law does not mandate a specific additional form, concealing a salvage brand from a buyer is actionable under common-law fraud regardless of the as-is clause
  • Confusing the IMF with a sales tax — the Infrastructure Maintenance Fee (IMF) replaces the former property tax on vehicle purchases; it is not a traditional sales tax, but the buyer must still pay it at title transfer

Pro Tip

South Carolina is one of the most seller-friendly states for as-is private vehicle transactions: no inspection requirement, no lemon-law risk, limited consumer-protection statute reach, and a capped IMF that gives buyers a predictable maximum transfer cost. A conspicuous as-is clause, accurate Form 400 pricing, and written disclosure of known defects are all you need for a clean sale.

South Carolina As-Is Bill of Sale — FAQs

Does South Carolina's lemon law apply to a private as-is vehicle sale?
No. SC Code § 56-28-10 covers only new vehicles sold by licensed dealers. A private seller with a conspicuous as-is clause has no lemon-law liability in South Carolina.
What is the Infrastructure Maintenance Fee (IMF) and who pays it?
The IMF is South Carolina's 5% fee on all vehicle purchases, capped at a maximum of $500. It replaced the former sales tax on vehicle transactions. The buyer pays it at the SCDMV when transferring the title. It applies to all private vehicle sales including as-is transactions — there is no exemption based on vehicle condition.
Is there any inspection required before selling a vehicle in South Carolina?
No. South Carolina has no statewide safety inspection or emissions test requirement. The buyer takes the vehicle entirely as-is with respect to its mechanical condition, and there is no mandatory inspection before registration.
Does the SC Unfair Trade Practices Act reach private sellers?
Generally no. SC Code § 39-5-10 applies to persons engaged in commerce. Private individuals selling their personal vehicle are not considered to be in commerce under the statute. Active misrepresentation or fraud, however, remains actionable under common-law principles.
How long does the buyer have to transfer the title in South Carolina?
South Carolina gives buyers 45 days from the date of sale to transfer the title and pay the IMF at an SCDMV office. This is one of the longer title transfer windows in the country.