Watch this short video to learn how auto manufactures can compensate you for your Lemon.
Watch this short video to learn how auto manufactures can compensate you for your Lemon.
It is estimated that more than 150,000 cars annually, or about one percent of all new cars, are cons...read more
It is estimated that more than 150,000 cars annually, or about one percent of all new cars, are considered lemons. Although state and federal lemon laws vary, a lemon is generally considered any vehicle that has repeated defects or non-conformities that cannot be repaired after a reasonable time or a reasonable number of attempts. If you want to take advantage of state and federal lemon laws for car purchases, it’s important to understand what qualifies as a lemon and what steps you need to take to put yourself in the best position to receive maximum possible relief under the law. The attorneys at Krohn & Moss, Ltd. Consumer Law Center® have worked in this area of law since 1995 and can help you assess your claims and counsel you on the best course of action for moving forward. Should you qualify for relief, we will do our best to ensure that you settle your claims for what the law entitles, which may be a refund for your car, a replacement vehicle, or monetary compensation in other instances. We will also not charge you a fee unless you win or settle your case.
Before being able to reap the benefits of the lemon law, you must allow the manufacturer or dealer t...read more
Before being able to reap the benefits of the lemon law, you must allow the manufacturer or dealer to make a reasonable number of attempts or you must provide them with a reasonable time to fix the issues before your vehicle may be considered a lemon. Although every state law varies, most states require that the consumer provide the manufacturer or its dealers with at least3 times or 30 days to fix a vehicle defect or non-conformity. In some states, as little as 1 repair attempt may be sufficient to deem a car a lemon if the defect is something that affects the safety of the vehicle.
Most state lemon laws require that for the car owner or lessee to recover, they must prove that the ...read more
Most state lemon laws require that for the car owner or lessee to recover, they must prove that the defect or non-conformity substantially impairs the use, value or safety of the vehicle. Every situation is unique and a defect that you might not ordinarily think is substantial, very well might be depending on how it affects you. For instance, even something that is seemingly as minor as the illumination of a light on your dash board might signify a larger problem. Or, something like a brake squeak might be substantial if it affects your use and enjoyment of the vehicle every time you get behind the wheel. It is for this reason that you should speak to an experienced lemon law attorney who may assess your rights and tell you their opinion on what you may recover. Keep in mind, that the federal Lemon Law has no requirement that the defects in the vehicle be substantial. Rather, the federal Act looks to the obligations of the manufacturer to repair your vehicle as detailed in your warranty. Notably, the typical car manufacturer’s warranty promises to repair all defects in materials and workmanship in the vehicle. It does not restrictcoverage to only “substantial” defects. Therefore, even minor defects are covered under the federal Act if the manufacturer,by and through its dealers, was unable to repair the vehicle after being afforded a reasonable opportunity to do so.
For a vehicle to be considered a lemon, it must meet certain requirements. While each state is diffe...read more
For a vehicle to be considered a lemon, it must meet certain requirements. While each state is different, there are some general things that hold true across the board. First of all, the vehicle needs to have some type of defect or non-conformity. Under most state laws, the defect must have taken place within a specific period of time or a certain number of miles after the vehicle was purchased or leased. Additionally, most state lemon laws require that the defect or non-conformity could not be fixed after several repair attempts. While state lemon laws for cars usually only apply to new, the Magnuson-Moss Warranty Act, also known as the federal Lemon Law, applies to all cars covered by a warranty, whether the car is new or used. It is important that you speak to an experienced lemon law attorney who may assess your rights.
We will first evaluate at no charge to you whether you have a case and what we can do for you. To st...read more
We will first evaluate at no charge to you whether you have a case and what we can do for you. To start the process, we will ask you to provide us with your repair history, i.e. either the actual repair receipts you received or some summary from the dealer. After we review your repair history we will call you and advise you about what laws you qualify for and what relief we believe we can obtain for you. We will also go over with you in detail how we will use federal and/or state laws to seek our attorneys’ fees incurred from the automobile manufacturer or dealer. From there, the pace of your case will depend on a number of variables. We will begin the process of investigating and contacting the appropriate parties, while tending to the filing of any necessary paperwork or court documentation. Keep in mind that each state’s Lemon Law varies and our attorneys will tailor your claim to the specific location and details of your case.
As one of the country's largest and most experienced Lemon Law firms, Krohn & Moss, Ltd. Consume...read more
As one of the country’s largest and most experienced Lemon Law firms, Krohn & Moss, Ltd. Consumer Law Center® makes it easy to determine whether or not you have a case against an automobile dealer or manufacturer. Simply fill out our FREE Case Evaluator form to begin the process. One of our qualified lemon law attorneys will review your information free of charge and immediately let you know the next step in getting started.
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.
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.
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.
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.
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