Car Dealer Bill Over Closing Fees Moves to the SC Senate

women buying car
Senator Brad Hutto (D) Orangeburg will file minority report opposing  S. 911
Folks S. 911 was prefiled by Senator Larry Martin (Majority Party). This bill is a hot potato that has been passed out of the Senate Judiciary Committee last Tuesday. Senator Brad Hutto (D) Orangeburg County will file a minority report opposing the bill. The bill more than likely will need more than the supermajority of 30 or 31 senators to get to the floor for debate and a vote.
Democrats here’s why you need to be concerned about this bill.  Car dealers all over the state have been hit with class action lawsuits over closing fees they have charged customers. Up until this point the lawsuits have been on hold. The lawsuits allege the fees are illegal and consumers should get a refund.  Although most of the state’s 281 auto dealers charge a closing fee, some charge none at all. Closing fees typically range from $99 to $600 or more. Until the wave of class action lawsuits hit, car dealers believed state law didn’t require them to peg closing fees to specific costs. Forty Six Blue will continue to follow S. 911 and bring you updates.
S 0911 General Bill, By L. Martin, Campsen, Massey, Hayes, Alexander, Bennett, Bright, Bryant, Campbell, Corbin,
Gregory, Hembree, S. Martin, O’Dell, Peeler, Shealy, Turner, Johnson, Grooms, Williams, Davis, Verdin, Fair, Reese,
Nicholson, Cleary and Lourie
Summary:
Closing fees on motor vehicle sales contracts
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLOSING FEES ON MOTOR
VEHICLE SALES CONTRACTS, SO AS TO ESTABLISH A DEFINITION OF A CLOSING FEE THAT A MOTOR VEHICLE
DEALER MAY CHARGE BY AMENDING SECTION 37-2-307 OF THE CODE AND TO PROVIDE AN AFFIRMATIVE
DEFENSE FOR A MOTOR VEHICLE DEALER WHO COMPLIES WITH THE REQUIREMENTS OF THE CODE IS IN
COMPLIANCE WITH STATE LAW; RELATING TO THE DEALERS’ ACT TO CLARIFY THE PROCEDURAL PROCESS FOR
BRINGING A CLAIM SO AS TO REPEAL SECTION 56-15-110(2) AND TO AMEND THE PROCEDURAL PROCESS FOR A
PERSON TO BRING A CLAIM IN AN INDIVIDUAL CAPACITY UNDER THE DEALER’S ACT IN SECTION 56-15-110(1); AND
TO CLARIFY THE CURRENT PROCEDURAL PROCESS IN STATE LAW FOR A MOTOR VEHICLE TO BRING ACTION OR
CLAIM FOR DAMAGE AND HARM TO ITS BUSINESS OR PROPERTY BY THE MANUFACTURER, DISTRIBUTOR, OR
OTHER PERSON BY AMENDING SECTION 56-15-30.
12/02/15
Senate
Prefiled
12/02/15
Senate
Referred to Committee on Judiciary
12/03/15
Senate
Referred to Subcommittee: L.Martin (ch), Hutto, Massey
01/13/16
Senate
Introduced and read first time (Senate Journal-page 28)
01/13/16
Senate
Referred to Committee on Judiciary (Senate Journal-page 28)
01/20/16
Senate
Committee report: Majority favorable, minority unfavorable Judiciary (Senate Journal-page 10)
01/21/16
Scrivener’s error corrected

 

 

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