South Carolina Code 37-13-30. Violation by other person not a defense to prosecution of sublease arranger; sublease arranger may not shift duties
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Terms Used In South Carolina Code 37-13-30
- Buyer: means a purchaser of a motor vehicle under the terms of a retail installment contract. See South Carolina Code 37-13-10
- Contract: A legal written agreement that becomes binding when signed.
- Lessee: means a person who obtains possession and use of a motor vehicle through a motor vehicle lease agreement. See South Carolina Code 37-13-10
- Lessor: means a person who in the regular course of business or as a part of regular business activity leases motor vehicles under motor vehicle lease agreements or purchases motor vehicle lease agreements or a sales finance company that purchases motor vehicle lease agreements. See South Carolina Code 37-13-10
- Secured party: means a lender, a seller, or other person in whose favor there is a security interest including a person to whom accounts or retail installment sales contracts have been sold. See South Carolina Code 37-13-10
- Security interest: means an interest in personal property that secures performance of an obligation. See South Carolina Code 37-13-10
- Sublease: means an agreement whether written or oral to transfer:
(a) to a third party possession of a motor vehicle which is and, while in that third party's possession, remains the subject of a security interest which secures performance of a retail installment contract or consumer loan;
(b) or assign to a third party any of the buyer's rights, interests, or obligations under the retail installment contract or consumer loan;
(c) to a third party possession of a motor vehicle which is and, while in the third party's possession, remains the subject of a motor vehicle lease agreement; or
(d) or assign to a third party any of the lessee's or buyer's rights, interests, or obligations under the motor vehicle lease agreement. See South Carolina Code 37-13-10 - Third party: means a person other than the buyer or the lessee of the vehicle. See South Carolina Code 37-13-10
It is not a defense to prosecution under § 37-13-20 that the motor vehicle’s buyer or lessee, secured party, or lessor has violated a contract creating a security interest or lease in the motor vehicle, nor may a sublease arranger shift to the lessee, buyer, or third party the arranger’s duty under § 37-13-20(1) or (2) to obtain prior written authorization for formation of sublease.