South Dakota Lemon Law Forms - South Dakota Lemon Law
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Lemon Law FAQ South Dakota Lemon Laws And Buyers Rights
What is lemon law?
Lemon law statutes are state laws which protect consumers who purchase a defective auto. A lemon is defined to be a substandard vehicle with material defects. There is also legal recourse under the Magnuson-Moss Warranty Act. a federal law, which protects the buyer of any product which costs more than $25 and comes with an express written warranty. This law applies to any product that you buy that does not perform as it should.
When can I get recourse under the lemon law?
State law requirements vary by state, so local laws should be consulted. For example, in one state, a "lemon" is a motor vehicle sold or leased after January 1, 1987, that has a defect or condition that substantially impairs the motor vehicle; and the manufacturer, its agent, or authorized dealer cannot repair the vehicle after three attempts or the vehicle is out of service for repairs for a cumulative total of 30 or more days during the term of protection. Typically, the laws only apply to a new vehicle and require the manufacturer must replace the motor vehicle or refund the purchase price (less a reasonable allowance for use).
Lemon law cases may be brought under the Magnuson-Moss Act even if your state's lemon law doesn't cover your claim.The Act provides that a consumer who has purchased a defective product, which the manufacturer cannot properly repair after a reasonable number of attempts, is entitled to a free replacement product or a full refund of the purchase price, in addition to reasonable attorney fees for prosecuting the action.