What Are My Options For Action Under The Lemon Law?
- Manufacturer`s Arbitration Program: If the manufacturer has a dispute settlement procedure that complies with Federal Trade Commission regulations, you must utilize such a procedure before you may file a lawsuit under the Lemon Law.
Arbitration, also known as informal dispute settlement, is an informal process that consumers may use to obtain speedy resolution of a warranty dispute without having to go to court, and it is legally binding on the manufacturer only. At an arbitration hearing, the seller and buyer testify before an arbitrator about the condition of the vehicle.
You can find out if the manufacturer of your vehicle sponsors an arbitration program that is certified in the state of South Dakota by reading the information accompanying your warranties, by asking your local dealer or zone representative, or by contacting the Office of the Attorney General.
If you use an arbitration program, the decision reached through this program is not binding on you; this means that if you are not satisfied with the decision, you may appeal it in court. However, any prior arbitration decision may be considered at any subsequent court proceeding.
Court Action: If you have met the requirements listed above of this Lemon Law and if you reject the manufacturer`s dispute resolution program`s decision(s), your other option is going to court.
If you are seeking court action, you should consult with an attorney; you may find referrals for attorneys who specialize in Lemon Law cases by contacting the South Dakota State Bar Association.
Before filing a lawsuit, you must send written notice to the manufacturer by certified mail, return receipt requested, and offer the manufacturer one final opportunity to repair the defect.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Lemon Law Articles
- What Vehicles Are Covered Under The Lemon Law?
- What Is The Lemon Law Term Of Protection?
- What Types Of Defects Are Covered?
- What Defects Are Not Covered?
- What Do I Need To Do Before I Can Claim That My Car Is A Lemon?
- What If My Problem Does Not Fit The Requirements Of My State's Lemon Law?
- What Are The Possible Outcomes?
- Does The Manufacturer Have To Tell Potential Purchasers Of The Car That It Was Deemed A Lemon?
- Where Can I Get More Information About The Lemon Law?