Lemon Law in South Dakota
Lemon laws vary with each state, though they are similar to each other. The laws in the state of South Dakota are based on consumer rights and express warranties. The express warranty determines how long a consumer has before he or she can no longer apply for a lemon refund, repair, or replacement. Each manufacturer will issue a different amount of time under which a new motor vehicle may be subject to conditions and terms. This is called the express warranty.
Nonconformity
After one year has passed since the motor vehicle’s purchase, the vehicle will not longer be eligible for the lemon law guidelines. This is called the lemon law rights period and also expires after the motor vehicle has surpassed twelve thousand miles. Lemon laws are also based on the conformity condition (when a motor vehicle does not conform to the conditions stated in the express warranty).
Nonconformity based on to abuse, neglect, alterations, or modifications will not be eligible for lemon law conditions. If a motor vehicle has been in an accident and repaired for the accident while still under warranty, the vehicle will not qualify as a lemon.
South Dakota law requires that the consumer notify the manufacturer of the nonconformity through a notice of a nonconformity condition. The notice of nonconformity condition will need to state the nonconforming conditions of the motor vehicle, to describe the defect of the motor vehicle, and to state and show proof of the number of repair attempts.
Obligation
South Dakota statute 32-6D-2 states that the manufacturer is obligated to attempt to repair the motor vehicle to meet all the conditions under the express warranty. If a notice of conforming conditions is filed prior to the expiration of the express warranty, the manufacturer is required to repair the vehicle, even if the warranty has thereafter expired. Manufacturers are however not required to repair a motor vehicle if the time period is twenty-four months after the vehicle delivery or twenty-four thousand miles of road time.
Replacement
If a manufacturer cannot repair a defective motor vehicle, the manufacturer is then required by law to replace the vehicle. This instead includes a refund of the selling price. All repairs are required to conform to warranty standards, if not possible, then replacement or refund is mandatory. Refunds are to include dealer preparation charges, undercoating, transportation charges, installed options, and the nonrefundable sections of service contracts and extended warranties.
All collateral charges, excise taxes, registration fees, licensing fees, and government charges are also to be refunded. Finance charges and incidental damages will also be refunded. Incidental charges are the costs of rentals while the vehicle is having repair. Any cosmetic additions, such as painting, will not be refunded.
Only certain defects are eligible for replacement, mandatory repair, or refund. Such defects include those that impede the safety of the motor vehicle’s passengers, the driver, or other drivers. Prior to qualifying for a lemon a motor vehicle must undergo a reasonable number of repair attempts. This number is usually between three and four attempts. If the motor vehicle is out of commission for thirty days, it will also qualify as a lemon.