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South Dakota – Laws §32-6D-1

Vehicles Covered:

Self-propelled vehicle under 10,000lbs intended primarily for use on public highways. Excludes motor homes.

Persons Covered:

Purchasers of new or untitled vehicles used in substantial part for personal, family, or household purposes, or anyone entitled to enforce the warranty.

Period Covered:

Two years from date of delivery or within one year, or first 12,000 miles, whichever occurs first. However notice of the problem must have been given to the manufacturer within one year or first 24,000 miles.

Notice Requirement:

(a) Manufacturer – none; (b) Consumer – must send a written statement to the manufacturer one year after delivery or within the first 12,000 miles. The notice must describe the vehicle. The nonconforming condition, all previous repair attempts and the identities of those who made repair attempts.

Repair Requirements:

It is presumed that a reasonable number of attempts have been made if the same nonconformity has been subjected to four or more repairs, or the vehicle is out of service for a cumulative total of 30 or more days during the first two years after delivery or first 24,000 miles. At least one such repair attempt, however, must have occurred during the first year or first 12,000 miles.

Affirmative Defenses:

The nonconformity does not significantly impair the use, market value or safety of the vehicle, or is the result of abuse, neglect, or any unauthorized modification or alteration by the consumer; statute of limitations.

Replacement/Refund:

At the option of the consumer, replace the vehicle with a comparable new vehicle, or refund the full contract price less a reasonable allowance (defined by statute).

Other Reimbursement:

Charges for undercoating, dealer preparation, and transportation, plus non-refundable portions of extended warranties and service contracts, all collateral charges including excise tax, and license and registration fees, all finance charges incurred after consumer notice to manufacturer, all incidental charges including reasonable cost of alternate transportation, attorney fees if the manufacturer has breached any of its obligations.

Other remedies:

None specified.

Arbitration:

For remedies under this section, a consumer must use the informal dispute procedure established by the manufacturer if the procedure complies with federal regulations before bringing civil suit.

Resale of Lemon:

Full disclosure required. The manufacturer must return the vehicle title to the state motor vehicle department of revenue or be branded with a statutory notice.