The South Dakota Lemon Law provides important protection to consumers who purchase cars in South Dakota. The law ensures that South Dakota consumers who receive a “lemon” are fairly and properly compensated for the problems they encounter with their new car. The South Dakota Lemon Law pairs with the complimentary Federal Lemon Law (the Magnuson-Moss Warranty Act) to protect consumers and to force unwilling automobile manufacturers to provide the working, effective new cars they promised.
South Dakota Lemon Law Info:
Is My Car a Lemon?
The South Dakota Lemon Law applies to any motor vehicle purchased in the state under a written warranty and intended for use on public roads and highways. It does not apply to motor homes or to vehicles that weigh 10,000 pounds or more. The Magnuson-Moss Warranty Act extends this protection further: it applies to all consumer products, including all types of consumer vehicles, as well as all other consumer products as long as they are covered by a warranty. The Federal Lemon Law thus covers mopeds, ATVs, electronics, appliances and other household goods.
The South Dakota Lemon Law protects consumers against “nonconformities” that may arise. A “nonconformity” is defined as a condition(s) which fails to comply with the warranty and which significantly impairs the use, value or safety of the vehicle. The South Dakota Lemon Law provides protection for a period of one (1) year or twelve thousand (12,000) miles after the purchaser receives the car, whichever comes first. However, as previously stated, the Federal Lemon Law provides greater protection. The Federal Lemon Law provides protection for the entire term of the manufacturer’s written warranty.
If you believe that your new car or truck may be a “lemon,” contact an experienced South Dakota Lemon Law attorney at Krohn & Moss, Ltd. Consumer Law Center® as soon as possible. Your attorney can help you to avoid missing key deadlines and can help you to determine whether you are entitled to relief under the South Dakota Lemon Law, the Federal Lemon Law or both.
What Does the Manufacturer Have to Do?
If the manufacturer is unable to repair the car after a “reasonable number of repair attempts,” it must replace the vehicle or repurchase it from you and provide you with a refund of your money. Under the South Dakota Lemon Law, the manufacturer does not get to choose the remedy: you are entitled to decide whether you want a refund or a replacement vehicle.
The South Dakota Lemon Law presumes that you have provided the manufacturer with a “reasonable number of repair attempts” if the manufacturer tries and fails four (4) times to correct the same problem or if the car is out of service for thirty (30) or more total days, even if those days are not all in a row. In addition, after this reasonable opportunity, you must send the manufacturer final written notice and provide a final opportunity to repair the car.
What if my lemon still isn’t fixed?
If the manufacturer still fails to repair the vehicle after a “reasonable number of attempts,” you are entitled to relief under the South Dakota Lemon Law. You must first seek this relief using a qualified arbitration program if your car’s manufacturer has established one and certified it with the proper authorities. If you are not satisfied with the results of this arbitration, you may bring a claim in court. These procedures can be overwhelming to many consumers. As such, you should seek the legal advice of an experienced South Dakota Lemon Law attorney at Krohn & Moss, Ltd. Consumer Law Center® who can help you to navigate these requirements with a minimum of stress and can help you seek full, speedy relief.
If your car’s manufacturer is ordered to repurchase your vehicle, it must refund to you the full contract price of the car. This includes any amounts you were charged for dealer preparation or transportation, dealer-installed options such as undercoating, extended warranty or service contract fees, collateral charges such as taxes, license, registration and titling fees, finance charges and interest. The manufacturer may also have to pay for any incidental fees like towing and alternative transportation which you incurred as a result of the problems with your car. The manufacturer is entitled to deduct an allowance for your use of the vehicle while you owned it, a formula which is spelled out under the South Dakota Lemon Law.
If your car’s manufacturer is ordered to replace the vehicle, the South Dakota Lemon Law requires it to provide a comparable vehicle and may also require the manufacturer to repay you any collateral charges such as government fees and taxes. Whichever remedy you choose, an experienced South Dakota Lemon Law Attorney at Krohn & Moss, Ltd. Consumer Law Center® can help you to ensure that you receive the entire amount to which you are entitled.
Contact an experienced Lemon Law attorney today!
Call Krohn & Moss, Ltd. Consumer Law Center® or submit your information to us online to see if you qualify under the lemon law of South Dakota or the Federal Lemon Law. You may be entitled to recover a refund of your money, a replacement vehicle or cash compensation for your “lemon.” Over 97% of our cases settle without going to trial and we work extremely hard to get your claim settled as quickly as possible.
We work with South Dakota attorneys associated with Krohn & Moss, Ltd. Consumer Law Center® in of-counsel relationships to handle lemon law claims for consumers in South Dakota. We stay informed of the newest legal developments so you can get the best results for your lemon law claim.