South Dakota Lemon Laws
South Dakota’s lemon laws state that if the buyer or lessee of a vehicle finds a major fault in it – which the manufacturers are unable to fix even after 4 valid attempts by the vehicle manufacturer to repair it – the manufacturer is liable to repurchase or replace the faulty vehicle. This law applies to the vehicle throughout its express warranty period, or 12 month from its delivery, or 12,000 miles on its odometer, whichever of these comes first, and if the vehicle is still under its warranty period and meets the eligibility criteria as specified by South Dakota’s state laws, the owner of the vehicle can claim their lemon aid and demand the manufacturers to provide them with the necessary reimbursement, in the form of a refund or replacement of the faulty vehicle through arbitration. The repurchase costs will also cover any additional costs the owner underwent while purchasing the vehicle, while the replacement procedure would not require the customer to pay any additional fees.
South Dakota Lemon Law Time Limit & Eligibility
South Dakota’s lemon law covers all kinds of motor vehicles, taking an exception to motorhomes, vehicle converters, leased vehicles and other vehicles with a gross weight that exceeds 10,000 pounds. The vehicle needs to be purchased and licensed in South Dakota, and purchased or leased primarily for use in public highways. The Lemon Law Rights period lasts for 1 year from the delivery of the vehicle, or 12,000 miles on the vehicle’s odometer, whichever of these comes first. Nonconformities should get reported during these periods, and the nonconformities should be ones that severely impair the vehicle’s usability, safety or market value. The nonconformity should not be caused by the owner’s negligence, abuse, or any unauthorized modification attempts.
South Dakota Lemon Law Used Vehicles
The law also covers used vehicles to an extent, as long as they fit the eligibility criteria stated above and are well within the Lemon Law Rights period defined by the law. Vehicles past this period may not file for lemon claims any longer.
South Dakota Lemon Law Repair Attempts
The customer needs to firstly provide the manufacturer with a written notice regarding the nonconformity, on receiving which, the manufacturer will then have 4 attempts to repair the vehicle. These repair attempts may only continue until 24 months after the delivery of the vehicle, or 24,000 miles on the vehicle’s odometer, and if within this period, each of the repair attempts are unsuccessful, or if the vehicle remains out of order for over 30 days, the customer should then provide the manufacturer will another notice informing them about their wish to proceed for civil action, and this notice will grant the manufacturer with one final repair attempt, which, if a failure, the customer may then proceed for arbitration.
Arbitration and Civil Action
If the manufacturer is associated with an arbitration program, the customer must first proceed with the program. However, if the arbiter’s decision is unfavorable to the customer, or if the manufacturer is not affiliated to any such program, the customer may proceed to a civil court. Claims in civil courts may only be filed within a period of 3 years from the initial delivery of the vehicle.
South Dakota Lemon Law Compensation – Replacement and Repurchase
In most cases, the customer is reimbursed by the manufacturer either by a replacement, or a refund of the vehicle. The customer may choose either a refund for the vehicle, or a replacement, as per which option they find more fitting. In case of a refund, the customer will be repaid the full purchasing price of the vehicle, including all collateral charges. However, a reasonable fee will be deducted for the owner’s usage of the vehicle prior to the discovery of the nonconformity. In case of a replacement, the customer will be reimbursed with a new motor vehicle of a comparable or identical model to the original. No additional charges will be incurred from the owner, including fees for the usage of the faulty vehicle.
Other South Dakota Laws