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South Dakota

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Motorcycle Lemon Law in South Dakota

South Dakota Lemon Law covers new motorcycles that are purchased in South Dakota. In order to be considered a "lemon," the motorcycle must meet the following requirements:

  • Does not conform to the manufacturer's express warranty
  • Has substantial defects affecting the use, safety or value of the motorcycle
  • Has manufacturer's defects that occurred during the first year from the delivery date or 12,000 miles on the odometer (whichever period ends first)
  • During the first two years or 24,000 miles (whichever comes first), has been taken in four times for the same problem or has been out of service for a cumulative total of 30 calendar days
  • The manufacturer has been notified in writing of the defect and has had a final opportunity to repair the motorcycle
  • You have participated in the manufacturer's informal arbitration program, if one exists
  • The motorcycle is used for personal, family, or household purposes

Under South Dakota Lemon Law, prior to pursuing a Lemon Law claim in court, you must notify the manufacturer in writing of the problem and give them a final opportunity to repair the vehicle.

You must also participate in the manufacturer's informal dispute resolution process (if one exists) before you are eligible to file a Lemon Law claim in court. If you do file a lawsuit, you must do so within three years of the original delivery date of the motorcycle.

South Dakota Lemon Law provides several options for a successful Lemon Law claimant. First, you may be awarded a replacement motorcycle of the same year, make, and model. You may also qualify for a monetary award, which can include:

  • The full contract price
  • Dealer preparation charges
  • Transportation charges
  • Installed options
  • Nonrefundable portions of extended warranties and service contracts
  • Excise tax
  • License fees
  • Registration fees
  • Finance charges
  • Incidental damages, such as alternative transportation
  • Attorney's fees

The amount of the monetary reward may be reduced by a deduction for your use of the motorcycle prior to first taking it in for repair, calculated by dividing the mileage by 100,000 and multiplying that number by the full purchase price.

Wherever you are in the Lemon Law claim process, it is generally in your best interest to have an attorney represent you. After all, motorcycle manufacturers have teams of lawyers that do nothing but fight Lemon Law claims. As you consider your options, imagine the difference between going up against a team of lawyers on your own, versus having a Lemon Law attorney speak on your behalf. Also keep in mind that being represented by a Lemon Law attorney won't cost you a dime if you go to court; the law says that the manufacturer has to pay your attorney's fees in successful Lemon Law claims.

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