South Dakota Used Car Lemon Law

Express Warranties

In many cases, your used vehicle may be covered by laws related to express warranties. Express warranties are written warranties on specific items. South Dakota law requires manufacturers and dealers to abide by all terms of the warranty. Therefore, if you buy a used car that has parts under warranty, the dealer must repair or replace the parts if they fail to work properly.

The Federal Trade Commission requires used car dealers to provide Buyer's Guides for all vehicles. The Buyer's Guide must be posted in the car's window when you look at it on the lot. The Buyer's Guide must tell you whether the vehicle has a warranty or is being sold as is and what percentage of repairs the dealer will be responsible for. It also gives you tips and warnings about buying a used vehicle. You can hold the dealer to the percentage of repairs he promised to cover in the Buyer's Guide should your vehicle break down.

South Dakota law says that used vehicles are sold "as is," meaning that you accept the vehicle in its current condition and cannot hold the dealer responsible if it fails to work properly. However, if the dealer misrepresented the vehicle's condition when selling it -- i.e., by saying it is in perfect condition when it has mechanical problems -- you may be able to sue the dealer for engaging in unfair or deceptive business practices.

Used cars do not generally qualify for coverage under South Dakota lemon laws. However, if a car is less than 12 months old or has less than 24,000 miles on it, it is considered a new car. The dealer must make four attempts to repair the vehicle. If the vehicle is not repairable after the fourth attempt, you must send a certified letter to the manufacturer informing them of the defect. The manufacturer must then replace the car. You do not have to pay tax or registration fees on the replacement vehicle, and the manufacturer must reimburse you for any towing or rental fees due to the car breaking down.