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.
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South Carolina As-Is Bill of Sale — What You Need to Know
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
- Print 'AS IS — NO WARRANTIES EXPRESS OR IMPLIED' in bold, conspicuous text on the bill of sale to satisfy SC Code § 36-2-316
- Record the full VIN, year, make, model, odometer reading, and actual sale price — the 5% IMF (max $500) is based on this amount
- Assign the title with your signature, the sale date, and the buyer's information
- Complete or provide documentation for Form 400 (Application for Certificate of Title) for the buyer
- Disclose all known material defects in writing on the bill of sale
- Provide the buyer with a signed bill of sale in duplicate; retain your copy
- 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.