What Do I Need To Do Before I Can Claim That My Car Is A Lemon?
Within the earlier of the first year or 12,000 miles from date of delivery, you must provide written notification of the defect to the manufacturer by certified mail, return receipt requested. In this notice, you should describe the vehicle, the defect, all previous repair attempts, and the identities of those who made repair attempts.
Within the Lemon Law term of protection, (two years or 24,000 miles), The vehicle must have been taken in for a reasonable number of attempts to repair the defect(s). It is already presumed that your vehicle has undergone a reasonable number of attempts in the following situations:
- If you have taken the car in for at least four repair attempts for the same defect, and the defect continues to exist;
- Or, if the car has been out of service for a cumulative total of 30 or more calendar days, while being repaired for any number of defects, and the defect continues to exist. This 30day period may be extended by any amount of time during which repair services are unavailable due to war, strike, or natural disaster.
- AND, at least one of the repair attempts or days out of service due to repair must have occurred during the first year or first 12,000 miles from date of delivery.
Other South Dakota Lemon Law FAQs
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Q:
What Vehicles Are Covered Under The Lemon Law?
A: This law covers new, selfpropelled vehicles that weigh less than 10,000 pounds, that are intended primarily for use on public highways, and that are used … More -
Q:
What Is The Lemon Law Term Of Protection?
A: The term of protection is for the first two years or 24,000 miles from date of delivery, whichever ends first. It is during this term of protection that the reasonable … More -
Q:
What Types Of Defects Are Covered?
A: Any defect or series of defects that substantially impair the use and value of the vehicle. -
Q:
What Defects Are Not Covered?
A: Defects that are the result of your abuse, neglect or unauthorized modifications or alterations to the vehicle. -
Q:
What If My Problem Does Not Fit The Requirements Of My State's Lemon Law?
A: You still may be able to invoke the Lemon Law as long as you can justify that the number of repair attempts or days out of service you encountered were unreasonable. … More -
Q:
What Are My Options For Action Under The Lemon Law?
A: If manufacturer either fails to make a final attempt to repair the defect, or if the defect still exists after such an attempt, you may seek to receive a replacement … More -
Q:
What Are The Possible Outcomes?
A: If it was decided that your vehicle is a lemon, you are entitled to choose between receiving either a new comparable replacement vehicle or a refund of the full … More -
Q:
Does The Manufacturer Have To Tell Potential Purchasers Of The Car That It Was Deemed A Lemon?
A: Yes. In addition, the manufacturer must return the vehicle to the state motor vehicle department to be branded with a statutory notice. -
Q:
Where Can I Get More Information About The Lemon Law?
A: Office of the Attorney General Consumer Protection Division 500 East Capitol Avenue Pierre, SD 57501 6057734400 or 8003001986 Email: … More
Lemon Law Sub-categories
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