SD Lemon Law Statutes

South Dakota Lemon Law Qualifications

Vehicles Covered

The South Dakota lemon law covers any motor vehicle intended primarily for use and operation on the public highways.

The lemon law appears to cover used vehicles, but does not cover motor homes or vehicles with a manufacturer's gross vehicle weight rating of 10,000 pounds or more.

Consumers Covered

The lemon law covers the following "consumers":

  • The purchaser, for purposes other than resale, of a new or previously untitled motor vehicle used in substantial part for personal, family or household purposes; and
  • Any other person entitled by the terms of the warranty to enforce its obligations. The lemon law appears not to cover a lessee.

Vehicle Converters

The lemon law does not apply to vehicle converters.

Problems Covered

The lemon law covers any "nonconforming condition", which it defines as any condition of a motor vehicle that:

  • Is not in conformity with the terms of an express warranty issued by the manufacturer to a consumer;
  • Significantly impairs the use, value or safety of the motor vehicle; and
  • Occurs or arises solely in the course of the ordinary use of the motor vehicle.

The lemon law does not cover any condition that arises or occurs as a result of abuse, neglect, modification or alteration of the motor vehicle not authorized by the manufacturer, or from any accident or other damage to the motor vehicle that occurs or arises after the motor vehicle was delivered by an authorized dealer to the consumer.

Reasonable N Umber Of Repair Attempts

The South Dakota lemon law establishes a presumption that a reasonable number of attempts has been undertaken to conform a motor vehicle to the applicable express warranties if, during the period of two years following the motor vehicle's delivery or 24,000 miles, whichever is earlier, either of the following occurs:

  • The same nonconforming condition was subject to repair attempts four or more times by the manufacturer or its authorized dealers, at least one attempt occurred during t he lemon law rights period, plus the manufacturer had a final repair attempt, and the nonconforming condition continues to exist;
  • The motor vehicle was out of service and in the custody of the manufacturer or an authorized dealer due to repair attempts for a cumulative total of 30 or more calendar days, including the final repair attempt, and at least one repair attempt occurred during the lemon law rights period.

The 30 day period is extended by any period of time during which repair could not be perfor med because of conditions beyond the control of the manufacturer or authorized dealers, such as war, invasion, strike, fire, flood, or other natural disaster.

South Dakota Arbitration Requirements

If the manufacturer has established an informal dispute settlement procedure conducted within South Dakota that complies with 16 C.F.R. Part 703, then the consumer must first exhaust any remedy afforded by the procedure before instituting a cause of action under the lemon law.

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