If a vehicle continues to have a defect within the warranty period even after it has been repaired several times or the vehicle has been out of service for a certain number of days, then the vehicle is a considered a "lemon." Most state lemon laws provide that an automobile manufacturer must either refund a consumer’s money and take back the defective vehicle or replace the vehicle. Keep in mind, in most states it is typically the consumer’s choice to elect the relief that best suits them.
South Dakota Lemon Laws
Under South Dakota law, a vehicle is one that has a single problem (or a series of problems) that "significantly impairs the use, value, or safety of the vehicle." The problems must arise from routine use, not through acts of abuse or neglect. Also, the problems cannot be the result of an accident, or an alteration of the vehicle that is not authorized by the manufacturer.
Vehicles Covered Under Lemon Laws
South Dakota's lemon laws can apply to any type of vehicle made for use on public highways except for motor homes and vehicles weighing 10,000 lbs. or more.
Are Used Cars Covered Under South Dakota Lemon Laws?
The law applies to both new and used vehicles , but the vehicle must have under 24,000 miles on it, and must be within two (2) years of its original delivery date.
Please note, leased vehicles of any kind do not qualify for protection.
How to Qualify
Before you car can be covered under the lemon laws, your car must have defects that, after a "reasonable" number of repair attempts within its warranty period, still cannot be fixed. Additionally,
The details of South Dakota's lemon laws are listed below. See find law's Lemon Law section to learn more.
|Code Section||32-6D-1, et seq.|
|Title of Act||Not Specified|
|Definition of Defects||Nonconformity to any express warranty which significantly impairs the use, value, or safety of vehicle.|
|Time Limit for Manufacturer Repair||Reported within lemon law rights period.-two (2) years after date of original delivery of vehicle or first 12,000 miles whichever occurs earlier; however, obligation to repair does not extend beyond period of two years following delivery or 24,000 miles whichever occurs first.|
|Remedies||Consumer's option: replace with comparable vehicle or accept return and refund full contract price including all incidental charges and fees.|
Note: State and federal consumer statutes provide important remedies to South Dakota consumers, ranging from monetary damages to buy-backs of defective vehicles. South Dakota consumer laws are constantly changing -- contact a South Dakota lemon law attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
South Dakota Lemon Laws: Related Resources
Contact a qualified attorney.