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South Dakota Lemon Law
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§ 32-6D-1.
Definitions. Terms used in this chapter mean: (1) "Consumer", the purchaser, other than for purposes of 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 such warranty to enforce the obligations of the warranty; (2) "Express warranty", a written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty; (3) "Lemon law rights period", the period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first twelve thousand miles of operation, whichever first occurs; (4) "Manufacturer", the person, firm or corporation engaged in the business of manufacturing, importing or distributing motor vehicles to be made available to a motor vehicle dealer for retail sale; (5) "Motor vehicle", every vehicle intended primarily for use and operation on the public highways which is self-propelled. The term does not apply to any motor home or to any motor vehicle having a manufacturer's gross vehicle weight rating of ten thousand pounds or more; (6) "Motor vehicle dealer" or "authorized dealer", any person operating under a dealer agreement from a manufacturer and licensed pursuant to chapter 32-6B; (7) "Nonconforming condition", any condition of a motor vehicle which is not in conformity with the terms of any express warranty issued by the manufacturer to a consumer and which 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, and which does not arise or occur as a result of abuse, neglect, modification or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after the motor vehicle was delivered by an authorized dealer to the consumer; (8) "Notice of a nonconforming condition", a written statement delivered to the manufacturer and which describes the motor vehicle, the nonconforming condition, and all previous attempts to correct such nonconforming condition by identifying the person who made the attempt and the time the attempt was made. § 32-6D-2. Notice of nonconforming condition - Timeliness - Obligation to repair. If a new motor vehicle does not conform to any applicable express warranty and the consumer delivers the motor vehicle to the manufacturer or its authorized dealer and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the motor vehicle 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's obligation to repair the nonconforming condition does not extend beyond the period of twenty-four months following delivery of the vehicle or twenty-four thousand miles, whichever occurs first. § 32-6D-3. Replacement of unrepairable vehicle - Refund. If, after reasonable attempts, the manufacturer or its authorized dealer is unable to conform 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 full contract price including 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) Any incidental damages which shall include the reasonable cost of alternative transportation during the period that the consumer 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.
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Note: Information in this section of FastCoolCars is solely placed and told from resources that I have found
doing research on lemon laws. For exact up to date laws pertaining to your
issue(s) with your vehicle, check with your local and state law makers.
Information contained within is up to date as of 12-10-04. |
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