South Dakota Lemon Laws

The statutes of South Dakota lemon laws are:

Title 32, Chapter 32-6D-1 - 11

§ 32-6D-1

Definitions

Terms used in this chapter shall have the following meaning:

§ 32-6D-2

Notice of Nonconforming Condition - Timeliness - Obligation to Repair

§ 32-6D-2 of South Dakota lemon law states that it falls under the responsibility of the manufacturer or the motor vehicle dealer to correct any nonconformity that was brought by the consumer and the nonconformity was not applicable to the express warranty because the lemon law right period was over then the condition should be checked that whether the notice of the nonconformity was reported with in the lemon law right period, if so was valid then the manufacturer or its authorized dealer shall make the necessary repairs to the motor vehicle to remedy any such nonconforming condition. The repairs are required even after the expiration of the lemon law rights period if notice of the nonconforming condition was first given during the lemon law rights period. However, the manufacturer shall not be awarded a time period beyond twenty four months after the vehicle s delivered fir the first time or twenty-four thousand miles, whichever occurs first and has to repair the nonconformity.

§ 32-6D-3

Replacement of Unreparable Vehicle - Refund

This chapter§ 32-6D-3 of South Dakota lemon law states that if after reasonable attempts, the manufacturer or its authorized dealer is failed to repair the motor vehicle to any express warranty by repairing or correcting a nonconforming condition of the motor vehicle which first occurred during the lemon law rights period, the manufacturer shall, at the option of the consumer, replace the motor vehicle with a comparable new motor vehicle or shall accept return of the vehicle from the consumer and refund to the consumer the following:

  1. The complete contract price which includes charges for undercoating, dealer preparation and transportation charges, and installed options, plus the nonrefundable portions of extended warranties and service contracts;
  2. All collateral charges, including excise tax, license and registration fees and similar government charges;
  3. All finance charges incurred by the consumer after he first reported the nonconformity to the manufacturer or its authorized dealer; and
  4. Incidental damages. This cost shall include all those reasonable costs that the consumer used any alternative transportation during the period in which he is without the use of the motor vehicle because of the nonconforming condition.

§ 32-6D-4

Allowance for Use of Vehicle Offset against Monetary Recovery

Under South Dakota lemon law statuary, this chapter states that the manufacturer shall refunds any payment the consumer and any lien holders has made according to their interests that may appear. For the time period the consumer has used the vehicle shall be offset against any monetary recovery of the consumer. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer or authorized dealer and shall be calculated by multiplying the full purchase price of the motor vehicle by a fraction having as its denominator one hundred thousand and having as its numerator the number of miles that the vehicle traveled before the first report of nonconformity.

§ 32-6D-5

Reasonable Attempts to Correct Nonconforming Condition

The manufacturer is liable to correct the non conformity that is discovered in the vehicle that is brought by the consumer if the motor vehicle was brought during the period of first twenty four months following the date of actual delivery of the vehicle or twenty-four thousand miles, whichever first occurs, either of the following events occurred:

  1. The manufacturer or its authorized dealers has made four or more time attempt to remove the nonconformity after it was subjected to them. And at least one of the repair attempt was made during the lemon law rights period, plus a final attempt by the manufacturer, and the same nonconforming condition continues to exist; or
  2. The consumer faced the problem that motor vehicle was out of service and was in the custody of the manufacturer or an authorized dealer for the repair purpose including the final repair attempt, one of which occurred during the lemon law rights period, for a cumulative total of thirty calendar days, unless the repair could not be performed because of conditions beyond the control of the manufacturer or authorized dealers, such as war, invasion, strike, fire, flood or other natural disaster.

§ 32-6D-6

Civil Action against Manufacturer

As mentioned in South Dakota lemon law, any consumer bearing damages as a declared consequence of the failure by a manufacturer to perform its obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. The consumer shall notify the defect or nonconformity by an email and demand a substantial repair of the damage before s/he makes the commencement of any such proceeding or action. If at the time the notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be awarded a final chance to repair the nonconforming condition. The manufacturer shall also inform the consumer within seven calendar days about the reasonable repair facility that is available. As the consumer make the vehicle available to the manufacturer for the purpose of repair the manufacturer shall attempt to correct the nonconformity as determined in the vehicle express warranty within a time period of fourteen calendar days. In case a manufacturer has established an informal dispute settlement procedure conducted that is offered in the state and is in agreement with federal rules and regulations, a consumer shall first use up any possible remedy that is n favor of the consumer under the informal dispute procedure of the manufacturer before any further actions are taken to initiate the establishment as stated in the statutes of this chapter.

§ 32-6D-7

Affirmative Defenses to Claim against Manufacturer

Under chapter § 32-6D-7 of South Dakota lemon law, it is a positive protection and defense to any claim against the manufacturer that:

  1. A declared but not so far proved nonconforming condition does not considerably damage the use of motor vehicle, its market value or safety of the motor vehicle; or
  2. A defect that was caused to the vehicle as a result of self abuse, neglect, or any modification or alteration of a motor vehicle by a consumer and of which the manufacturer doesn’t permit the consumer.

§ 32-6D-8

Attorney Fees

The chapter states that if the manufacturer has violated its obligations imposed under this chapter, the consumer has got the option to recover, in addition to the remedy provided under §§ 32-6D-2 to 32-6D-5, that includes the additional award of the reasonable attorney’s fees.

§ 32-6D-9

Resale of Returned Vehicle

In case the consumer return the motor vehicle to the manufacturer and the manufacturer receives it under the provision of this chapter or any other statutes which are equivalent to these statutes, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless:

  1. The manufacturer mentions that in black and white to the following purchaser the exact matter that the motor vehicle was brought in by the consumer under the provisions of this chapter and it held a specific nature of the nonconformity to the vehicle warranty; and
  2. The manufacturer will forward a labeled call of the motor vehicle to the department of revenue in which he specifies that the return of the motor vehicle under statues of this chapter with an application for title in the name of the manufacturer. The department shall brand the title issued to the manufacturer and all other related titles to the motor vehicle with statement that reads as: "THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY."

§ 32-6D-10

Liability of Dealer

According to South Dakota lemon law, favoring the manufacturer, nothing in this chapter obliges any liability on a motor vehicle dealer or authorized dealer or generates a cause of action by a consumer against a motor vehicle dealer or authorized dealer. The manufacturer shall not charge back or require repayment by a motor vehicle dealer or authorized dealer for any sort of costs. The cost may include any refunds or vehicle replacements incurred by the manufacturer and that falls out of this chapter.

§ 32-6D-11

Time Limit for Action

The court shall commence any such action that is brought by consumer against manufacturer within time period of three years that is onwards the date of original delivery of the motor vehicle to the consumer.