The Lemon Law in South Dakota

South Dakota's lemon law covers new or previously untitled self-propelled highway vehicles bought mainly for personal, family or household use, including four-wheel ATVs of 200cc or more, but not motor homes, electric bicycles or vehicles rated 15,000 pounds or more. The "lemon law rights period" is one year or the first 12,000 miles, whichever comes first. If the consumer reports a warranty defect that significantly impairs use, value or safety during that period, the manufacturer must repair it, though the repair duty ends at 24 months or 24,000 miles. If the defect cannot be fixed after reasonable attempts, the manufacturer must, at the consumer's choice, replace the vehicle (and refund taxes and fees) or take it back and refund the contract price, collateral charges, certain finance charges and incidental costs such as alternative transportation, minus a use allowance. Reasonable attempts are presumed if, within 24 months or 24,000 miles, the same defect was subject to four or more repair attempts plus a final attempt, or the vehicle was out of service a cumulative 30 calendar days. Before suing, the consumer must send notice by certified mail and give the manufacturer a final chance to repair (within 14 days), and must first use any qualifying in-state dispute program. A consumer may recover reasonable attorney fees, and must sue within three years of delivery.

1) Report the problem: during the lemon law rights period (one year after original delivery or the first 12,000 miles, whichever comes first), the consumer delivers the vehicle to the manufacturer or an authorized dealer and gives notice of the defect. A "notice of a nonconforming condition" is a written statement delivered to the manufacturer describing the vehicle and the problem. 2) Certified-mail notice and final repair attempt: before suing, the consumer must send the manufacturer notice of the defect by certified mail and demand repair. If the repair presumption has already been met when the notice is sent, the manufacturer gets a final chance: within seven calendar days of receiving the notice it must name a reasonably accessible repair facility, and once the vehicle is delivered there it has up to 14 calendar days to fix it. 3) Arbitration: if the manufacturer has an informal dispute settlement procedure conducted within South Dakota that complies with federal rules, the consumer must first use up that procedure before filing a lawsuit. The law does not create a state-run arbitration program or set a consumer fee. 4) Deadline to sue: a lawsuit against the manufacturer must be filed within three years after original delivery to the consumer. A consumer may recover reasonable attorney fees if the manufacturer breached its obligations.

The Attorney General's Division of Consumer Protection states that all used vehicles are sold "as is" unless they still have a factory warranty or the dealer provides an in-house warranty, which should be put in writing. When a used vehicle is bought "as is," the dealer is not responsible for repairs after the sale unless that is put in writing. The Division also says used car dealers must list the price, any trade-in allowance and all fees on the contract and explain them, must disclose the true mileage, and that buyers should receive the title within 30 days.