South Dakota lemon law protects consumers who purchase a motor vehicle primarily for personal or family use. The vehicle can be new or used, if previously untitled, but does not apply to leases, motor homes or vehicles with a gross vehicle weight rating of more than 10,000 pounds.
South Dakota says a vehicle is a lemon if:
- it is defective to the point where it detracts considerably from the vehicle’s worth, safety, or operation;
- the problem is rooted in manufacturing faults emerging on their own or with standard operation of the vehicle (misuse, alteration, or disrepair by the consumer is not covered); and
- the condition is not in compliance with the warranty issued by the manufacturer.
The law applies during the first year of operation or 12,000 miles of driving, whichever occurs first. Also, the manufacturer’s responsibility applies for two years from the time of purchase or 24,000 miles on the odometer, whichever occurs first. During that period of time, if the car is subject to four or more unsuccessful repair attempts, or the vehicle was not functional for 30 or more days, the manufacturer is responsible for either replacing or buying back the vehicle.
Lemon law can be complex and exhaustive. Thus, if you believe your vehicle is a lemon, California lemon law attorney Howard D. Silver can guide you through the process . Call 1-(855) 341-2611 for a free consultation.