What Types Of Defects Are Covered?

Tue, 29 May 2007 21:19:00 GMT

Any defect or series of defects that substantially impair the use and value of the vehicle.

Does The Manufacturer Have To Tell Potential Purchasers Of The Car That It Was Deemed A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

Yes. In addition, the manufacturer must return the vehicle to the state motor vehicle department to be branded with a statutory notice.

What Are My Options For Action Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

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 vehicle or a refund via the following options:

Manufacturer`s Arbitration Program:

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.

What Are The Possible Outcomes?

Tue, 29 May 2007 21:19:00 GMT

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 purchase price, together with reasonable attorney`s fees.

In the case of a refund, the manufacturer is entitled to deduct a reasonable allowance for vehicle use, based on the number of miles driven before you reported the problem to the manufacturer or dealer. After this deduction, you are entitled to receive the full purchase price including finance charges, sales taxes, license fees, registration fees, other costs and expenses, and possibly attorney`s fees.

The Lemon Law will not apply if:

The manufacturer can prove that it has not had a reasonable opportunity to repair your car. For example, if they can prove that the number of repair attempts was not reasonable because you did not follow the terms of the warranty or because some event (such as a labor strike, war, or natural disaster) prevented timely repairs.
The manufacturer can prove that no problem exists or that the problem does not substantially impair the vehicle`s use, value, or safety.
The defect was the result of abuse, neglect, unauthorized alterations or modifications, or an accident, the Lemon Law will not apply.

What Defects Are Not Covered?

Tue, 29 May 2007 21:19:00 GMT

Defects that are the result of your abuse, neglect or unauthorized modifications or alterations to the vehicle.

What Do I Need To Do Before I Can Claim That My Car Is A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

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.

What If My Problem Does Not Fit The Requirements Of My State's Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

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.

You may also have other rights under other state and federal laws, such as the following: the federal MagnusonMoss Warranty Act, the Uniform Commercial Code (UCC), your service contract or extended warranty, secret warranties, implied warranties, express warranties, unfair and deceptive acts and practices (UDAP), or strict liability and negligence. Consult an attorney, the South Dakota Office of the Attorney General, or the Center for Auto Safety to determine which remedy would be best for your situation.

What Is The Lemon Law Term Of Protection?

Tue, 29 May 2007 21:19:00 GMT

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 number of repair attempts or number of days out of service, must have occurred.

However, be aware that notice of the problem must be given to the manufacturer within one year or 12,000 miles of date of delivery. It is during this initial time period that the first repair attempt or day(s) out of service due to repair must have occurred.

This term of protection may be extended by any amount of time during which repair services are unavailable due to war, strike, or natural disaster.

What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

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 primarily for personal, family, or household purposes.

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

All vehicles intended primarily for use and operation on the public highways which is selfpropelled. Does not include motor homes or vehicles with a GVW of 10,000 pounds or more.

4 repair attempts plus 1 final attempt.

1 year or 12,000 miles.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Where Can I Get More Information About The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Office of the Attorney General
Consumer Protection Division
500 East Capitol Avenue
Pierre, SD 57501
6057734400 or 8003001986
Email:help@atg.state.sd.us

South Dakota State Bar Association
Lawyer Referral Service
222 East Capitol Avenue
Pierre, SD 575012596
6052247554 or 8009522333

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
www.autosafety.org
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (cartalk.cars.com/Tools/carreport.pl) on your car to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW
Washington, DC 20590
Auto Safety Hotline: 8004249393
www.nhtsa.dot.gov
NHTSA can give you information on the safety recall history of your vehicle.

Free Lemon Law Attorney FAQs

Thu, 26 Nov 2009 00:44:19 GMT

Free Lemon Law Attorney FAQs