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Millions of used cars have costly hidden problems.
You should use vehicle history reports to confirm a clean
history or check for:
By knowing the REAL history of a used car, you can:
Before you are entitled to a refund or replacement, there are some qualifications and procedures that must be followed.
The following are South Dakota State Lemon Law and Aids
Success in using state lemon laws depends upon three things:
Are you paying too much for car insurance?
|Leased cars covered?||
All vehicles intended primarily for use and operation on the public highways which is self-propelled. Does not include motor homes or vehicles with a GVW of 10,000 pounds or more.
|Three unsuccessful repairs or 15 business days out of service within one year or warranty, whichever is shorter.||Certified mail notice to manufacturer and final opportunity to repair. Manufacturer has seven calendar days to notify consumer of repair facility. Facility has 14 days to repair. If manufacturer has established a state-recognized informal dispute settlement procedure, consumer must use program before instituting a cause of action.||No||
Attorney General's Office
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|South Dakota Lemon Law|
South Dakota State Statutes
Title 32, Chapter 6D
Terms used in this chapter mean:
32-6D-2 Notice of nonconforming condition.
Timeliness -- Obligation to repair.
If a new motor vehicle does not conform to any applicable express warranty and the consumer delivers the motor vehicle to the manufacturer or its authorized dealer and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the motor vehicle shall make the necessary repairs to the motor vehicle to remedy any such nonconforming condition. The repairs are required even after the expiration of the lemon law rights period if notice of the nonconforming condition was first given during the lemon law rights period. However, the manufacturer's obligation to repair the nonconforming condition does not extend beyond the period of twenty-four months following delivery of the vehicle or twenty-four thousand miles, whichever occurs first.
32-6D-3 Replacement of un-repairable vehicle -- Refund.
If, after reasonable attempts, the manufacturer or its authorized dealer is unable to conform the motor vehicle to any express warranty by repairing or correcting a nonconforming condition of the motor vehicle which first occurred during the lemon law rights period, the manufacturer shall, at the option of the consumer, replace the motor vehicle with a comparable new motor vehicle or shall accept return of the vehicle from the consumer and refund to the consumer the following:
32-6D-4 Allowance for use of vehicle offset against monetary recovery.
Refunds shall be made to the consumer and any lien holders, as their interests may appear. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer's use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer or authorized dealer and shall be calculated by multiplying the full purchase price of the motor vehicle by a fraction having as its denominator one hundred thousand and having as its numerator the number of miles that the vehicle traveled before the first report of nonconformity.
32-6D-5 Reasonable attempts to correct nonconforming condition.
It is presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of twenty-four months following delivery of the vehicle or twenty-four thousand miles, whichever first occurs, either of the following events occurred:
32-6D-6 Civil action against manufacturer.
A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform its obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proceeding a consumer shall give notice of a nonconforming condition by certified mail to the manufacturer and demand correction or repair of the nonconforming condition. If at the time the notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be given a final opportunity to cure the nonconforming condition. The manufacturer shall within seven calendar days of receiving the written notice of nonconforming condition notify the consumer of a reasonably accessible repair facility. After delivery of the new vehicle to the authorized repair facility by the consumer, the manufacturer shall attempt to correct the nonconforming condition and conform the vehicle to the express warranty within a period not to exceed fourteen calendar days. If a manufacturer has established an informal dispute settlement procedure conducted within the state which is in compliance with federal rules and regulations, a consumer shall first exhaust any remedy afforded to the consumer under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this chapter.
32-6D-7 Affirmative defenses to claim against manufacturer.
It is an affirmative defense to any claim against the manufacturer under this chapter that:
32-6D-8 Attorney fees.
If the manufacturer has breached its obligations imposed under this chapter, the consumer may recover, in addition to the remedy provided under 32-6D-2 to 32-6D-5, inclusive, an additional award for reasonable attorney fees.
32-6D-9 Resale of returned vehicle.
If a motor vehicle has been returned to the manufacturer under the provisions of this chapter or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless:
32-6D-10 Liability of dealer.
Nothing in this chapter imposes any liability upon a motor vehicle dealer or authorized dealer or creates a cause of action by a consumer against a motor vehicle dealer or authorized dealer. No manufacturer may charge back or require reimbursement by a motor vehicle dealer or authorized dealer for any costs, including any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter.
32-6D-11 Time limit for action.
Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the motor vehicle to the consumer.
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