South Dakota Lemon Law
It’s important to fight for your rights, especially under consumer protection laws. If you’re in South Dakota and have purchased a defective vehicle, the state’s lemon law could help you. Here’s a summary:
New cars: Yes
Used cars: No
Business vehicles: No
Leased vehicles: No
Lemon law period: 1 year/12,000 miles
What is a Lemon Car Under South Dakota Law?
South Dakota lemon law covers new passenger vehicles, SUVs, vans, motorcycles, and trucks under 10,000 pounds that are purchased in South Dakota. In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use, safety or value of the vehicle
- Has manufacturer’s defects that occurred during the first year from the delivery date or 12,000 miles on the odometer (whichever period ends first)
- During the first two years or 24,000 miles (whichever comes first), has been taken in four times for the same problem or has been out of service for a cumulative total of 30 calendar days
- The manufacturer has been notified in writing of the defect and has had a final opportunity to repair the vehicle
- You have participated in the manufacturer’s informal arbitration program, if one exists
- The vehicle is used for personal, family, or household purposes
South Dakota Statutes, Sections 32-6D-1 through 32-6D-11 is the state’s lemon law.
Getting Lemon Justice: South Dakota Lemon Law Relief
South Dakota lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:
- The full contract price
- Charges for undercoating
- Dealer preparation charges
- Transportation charges
- Installed options
- Nonrefundable portions of extended warranties and service contracts
- Excise tax
- License fees
- Registration fees
- Finance charges
- Incidental damages, such as alternative transportation
- Attorney’s fees
The amount of the monetary reward may be reduced by a deduction for your use of the vehicle prior to first taking it in for repair, calculated by dividing the mileage by 100,000 and multiplying that number by the full purchase price.
Pursuing a SD Lemon Law Claim
If you want to pursue a claim under South Dakota’s lemon law, you must first send a notification to the manufacturer. Send your letter by certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
Once the manufacturer has received your letter, they have seven days to tell you where to take your vehicle for a final repair attempt, and 14 days to do the work. If that doesn’t fix the problem, you must participate in the manufacturer’s informal dispute resolution process (if one exists) before you are eligible to file a lemon law claim in court. If you do file a lawsuit, you must do so within three years of the original delivery date of the vehicle.
How We Can Help
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 15,000 people recover more than $35 million. You can read more about us here.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a South Dakota lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.