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Lemon Law Attorneys South Dakota
Work with the Top-Rated lemon law and consumer protection lawyers in South Dakota
Understanding South Dakota Lemon Law
The lemon law in South Dakota provides protection for consumers purchasing new vehicles intended for personal use, such as cars, SUVs, motorcycles and light pickups. The law states (per South Dakota Consumer Protection, Office of the Attorney General): “The Lemon Law enables consumers to obtain a replacement vehicle or a full refund for their new car, SUV, light pickup, or motorcycle if certain criteria has been met.” The law does not cover mopeds, but covers vehicles intended primarily for use and operation on public highways. The lemon law does not cover motorhomes or vehicles with a manufacturer’s gross vehicle weight rating of 10,000 pounds or more.
What Qualifies a Vehicle as a Lemon in South Dakota?
The law applies to defects that substantially impair a vehicle’s use, value, or safety, as long as those defects stem from normal use rather than abuse, neglect, accidents, or unauthorized modifications. For a new vehicle to qualify as a “lemon,” the defect must be reported within the lemon law rights period. The timeframe of the lemon law rights period is the first 12 months or 12,000 miles, whichever occurs first.
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What are the Manufacturer’s Obligations to Repair the Vehicle?
The manufacturer or its authorized dealer must then fail to fix the issue after at least four repair attempts (with at least one attempt during the rights period) or if the vehicle is out of service for a cumulative total of 30 calendar days due to repairs (including one day within the rights period). The manufacturer’s obligation to repair the nonconformity doesn’t go past two years from the original delivery date, or 24,000 miles, whichever comes first.
How are Used Cars Covered Under South Dakota Lemon Law?
For used vehicles, the lemon law in South Dakota offers limited coverage. The vehicle must have fewer than 24,000 miles, and claims must be filed within two years of the original delivery date. Many used vehicles won’t meet these requirements. If a used vehicle doesn’t qualify, the Magnuson-Moss Warranty Act, a federal law addressing warranty issues, may potentially provide your lemon law attorney in South Dakota with an alternative avenue for pursuing a claim.
For more information on arbitration and other frequently asked lemon law questions, click here
What About Required Resolutions Under the Lemon Law?
The defect should be reported, if possible, during the lemon law rights period described above.
Then, the consumer’s lemon law attorney in South Dakota (recommended to handle this and additional steps in the process to protect the consumer’s rights) will, after the consumer has exhausted all repair attempts, notify the manufacturer by certified mail of the defect. The manufacturer receives a final opportunity to repair and 7 calendar days to notify the consumer of a repair facility. The manufacturer has 14 days after the consumer brings the car to the repair facility to fix the problem.
Is Arbitration Required in South Dakota?
There can be some instances where this step can be avoided (please consult your attorney), but most often, the first phase of resolution is to go through the manufacturer’s arbitration process. The arbiter’s decision is binding on the manufacturer, but not the consumer. If the consumer is dissatisfied with the decision, then they can have lemon law lawyers in South Dakota pursue a lawsuit against the manufacturer.
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Steps to Take if You Think Your Car is a Lemon
Seeking legal counsel is the top recommendation if you think your new or used car is a lemon. There is no time to lose reviewing your case to determine if your vehicle qualifies, then pursuing compensation. Each state has its set of criteria that need to be satisfied, and then there are timelines for making claims. There’s no need to worry about whether you need an attorney (many of these worries are based on concerns about cost). The state’s lemon law obligates manufacturers to pay fees for your lemon law lawyers in South Dakota upon winning your case, and the Magnuson-Moss Warranty Act (federal law) also provides this protection. Plus, you can take advantage of an attorney’s free initial consultation to explore how the lawyer will pursue your claim.
Contact Allen Stewart, P.C. to schedule your free case evaluation. Call us now (866-440-2460) or contact us online.
The Benefits of a South Dakota Lemon Law Attorney
The complexities and variables of a new or used car lemon law case could cause consumers to miss opportunities to receive maximum compensation. Lemon law attorneys deal with these details on a daily basis, so they not only know the intricacies and requirements of the law, they also are prepared for any avoidant or dismissive actions from the manufacturer. The manufacturer is not motivated to ensure the consumer receives compensation, and will fight to prove that the consumer’s claim is invalid. A skilled South Dakota lemon law lawyer anticipates and overcomes these challenges, ensuring their client’s rights are protected.
Trust Allen Stewart, P.C. for Expert South Dakota Lemon Law Representation
Dealing with your new or used car South Dakota lemon law claim can be confusing with all the qualifying criteria and claim deadlines, on top of the stress of owning a faulty vehicle. Allen Stewart, P.C. has won many lemon law cases across the country. We will fight manufacturers’ evasions and dismissive tactics so you can gain the compensation you deserve.
South Dakota’s lemon law offers protections for your rights, as does the federal Magnuson-Moss Warranty Act. Depend on our South Dakota lemon law lawyers to give you the best opportunity to win your case so you can leave ownership of your malfunctioning vehicle behind and receive maximum compensation.
Don’t wait. It’s important to be proactive with lemon law claims. Call us at 866-440-2460 or contact us online to schedule your free consultation. Thanks to federal law, our clients pay nothing out of pocket, so contact us now for a free consultation.
Navigating the Process - Resources
South Dakota Attorney General’s Office – Division of Consumer Protection
(605) 773-4400
South Dakota Lemon Law FAQs
Does South Dakota’s Lemon Law apply to electric and hybrid vehicles? -
Yes, it does apply to all new vehicles intended for highway use, including electric and hybrid vehicles.
Are motorcycles and RVs covered under South Dakota’s Lemon Law? +
Motorcycles are covered, but RVs and heavy-duty vehicles are not covered under South Dakota’s lemon law.
How does South Dakota’s Lemon Law compare to federal Lemon Law protections? +
When the state lemon law rights period ends, your South Dakota lemon law lawyer may still be able to pursue a claim under the Magnuson-Moss Warranty Act, which can provide an additional timeframe for claims. Consult your attorney for details regarding your circumstances.
What steps should I take if I suspect my vehicle is a lemon? +
You can take advantage of a South Dakota lemon law attorney’s free case evaluation. Your claim will be reviewed, and you will get details on if it can be pursued for compensation under state or federal laws.
What are my rights if the dealership refuses to honor my warranty? +
It is recommended that you consult a South Dakota lemon law attorney who can protect your rights. The attorney will review your claim and recommend a course of action.
How do I find a reputable Lemon Law attorney in South Dakota? +
Check online reviews and The National Association of Consumer Advocates (NACA), which organizes lists of lemon law attorneys you can search by state. You may also call Allen Stewart, P.C., at 866-440-2460 to schedule a free case evaluation.
What are the advantages of hiring a Lemon Law attorney versus handling the case myself? +
Lemon laws evolve, and their deadlines and criteria make hiring a knowledgeable attorney beneficial for your case.
What obligations do manufacturers have under South Dakota’s Lemon Law? +
If the manufacturer or its dealer fails to fix the issue after four repair attempts (with one during the rights period) or if the vehicle is out of service for 30 days (including one day in the rights period), the consumer is entitled to receive a replacement vehicle or a full refund.
What types of vehicles are covered under South Dakota's Lemon Law? +
New and used vehicles are covered; although used vehicles are covered under strict criteria, and may best have claims pursued in these cases using federal law. The law covers new cars, SUVs, light pickups, motorcycles and other personal use vehicles that operate on public highways.
What is the time frame or mileage limit for a vehicle to qualify under the Lemon Law in South Dakota? +
The timeframe of the lemon law rights period is the first 12 months or 12,000 miles, whichever occurs first.
What constitutes a "nonconforming condition" under South Dakota's Lemon Law? +
It is defined as any condition that causes a vehicle to not conform to the terms of its express warranty. The condition also significantly impairs the use, value or safety of the vehicle, and arises only in the course of ordinary use of the vehicle.
Is arbitration mandatory before pursuing legal action under the Lemon Law in South Dakota? +
While not mandatory, usually the first phase of resolution is to go through the manufacturer’s arbitration process. The arbiter’s decision is binding on the manufacturer, but not the consumer. Consult your attorney regarding your case’s particular circumstances.
Is there a time limit for filing a Lemon Law claim in South Dakota? +
Yes, the claim must be made within three years following the date of original delivery of the vehicle to the consumer. The defect needs to be reported during the lemon law rights period, which is one year or 12,000 miles. The manufacturer’s obligation to repair the nonconformity doesn’t go past two years from the original delivery date, or 24,000 miles, whichever comes first. For claims outside this timeframe, consult your attorney, as federal law protections may be another avenue that can be pursued for compensation.
What are the most common defenses manufacturers use against Lemon Law claims? +
The manufacturer will try to minimize the claim, declaring that it is not a substantial defect. They could also maintain that the consumer modified the car to cause the defect in question. Your lemon law attorney anticipates these objections and counters them with evidence to back up your claim.
Is Arbitration Mandatory Before Filing a Lawsuit? +
The manufacturer’s informal arbitration process is required in most cases before filing a lawsuit. Consult your lemon law lawyer for details regarding your specific circumstances.
Can I Recover Attorney’s Fees If I Win My Lemon Law Case? +
Yes, if you win your South Dakota lemon law case, the manufacturer must pay your attorney’s fees in addition to your chosen remedy of refund or replacement of your vehicle.
What Should I Do If the Dealership Cannot Replicate the Vehicle’s Issue? +
You can seek an independent opinion from another dealership and potentially pursue a lemon law claim if the defect substantially impacts the vehicle’s use, value, or safety.
Can I Seek Reimbursement for Expenses Related to the Defective Vehicle? +
Yes, you can get reimbursed for fees and expenses related to using alternative vehicles, towing, and more costs associated with the defective vehicle.