Lemon Law in Sioux Falls, SD
When life gives you lemons, you should make lemonade. That’s a terrific outlook on life, but not necessarily the one you need if the new car you’ve bought is a lemon. In this case, if life has given you lemons, you should seek out the experienced advice of a Sioux Falls lemon lawyer. He or she can help you navigate a path to compensation for your defective vehicle.
What Is a Lemon Law?
Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any Sioux Falls, South Dakota lemon law to apply, the automobile must suffer from a defect. This problem should be outside the purchaser’s control, like a manufacturer issue. Furthermore, lemon laws apply if a certain number of reasonable repairs happened to the vehicle in question to no avail.
When Do Sioux Falls, South Dakota Lemon Laws Apply?
There are some common practices that you can take that better position you in citing lemon law:
- You should only take the vehicle in question to the corresponding dealership for repairs. By taking it there, you establish credibility by showing the responsible party attempted to address the issue. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot become held liable for any attempts made to fix the problem.
- Be sure to keep accurate and detailed records of any repairs made. If your case goes to trial, have accurate logs that detail the manufacturer’s opportunities to fix the mechanical issues. This detail also helps build a timeline of how long you could not use your vehicle.
Lemon law statutes vary by state. You should research the lemon law requirements in South Dakota to ensure you remain within the legal confines.
Warranties in Sioux Falls cover a period of 2 years, or 24,000 miles driven, whichever comes first. However, the Attorney General of South Dakota states that it is not necessary for a consumer to purchase an extended warranty, though it doesn extend the coverage timeline. When purchasing an extended warranty you should consider that:
- Extended warranties mandate a maintenance schedule
- Banks do not require extended warranties for loan approval
- Many extended warranties require waiting periods before going into effect
How Do You Ensure the Application of Lemon Laws?
Lemon law statutes vary by state. You should research your particular state’s lemon law requirements to ensure that you remain within the legal confines of any claim you wish to forward. There are some common practices that you can take in Sioux Falls that better position you in citing lemon law:
- You should only take the vehicle in question to the corresponding dealership for repairs. By taking it to the dealership, you establish a credible paper trail showing that the responsible party attempted to address the issue at hand. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot be held liable for any attempts made to fix the problem.
- Be sure to keep accurate and detailed records of any repairs made. If your case goes to trial, having accurate records detail the manufacturer’s opportunities to fix the mechanical issues. This also helps build a timeline of how long you could not use your vehicle.
What Are Consumers Entitled?
You have a legal entitlement to a replacement vehicle or refund if , South Dakota lemon laws apply. However, manufacturers may deduct a fee in proportion to the miles the owner put on the car or truck before it became unusable. This compensation should include:
- Down payment
- Car rentals
- Monthly payments
- Tow expenses
- Attorney costs
Do Lemon Laws Apply to Used Vehicles?
Lemon laws can apply to used vehicles. However, this is for written warranties distributed along with the vehicle upon sale. Often, a used car dealership sells vehicles with a portion of the guarantee remaining. This situation incentivizes the purchase and (allegedly) puts the buyer’s mind at ease.
There are no protections for Sioux Falls residents who have purchased used cars that turn out to be lemons. According to the South Dakota State Legislature, the state lemon laws only apply to new cars. If you have purchased a used lemon you must seek resolution through the Magnuson-Moss Warranty Act.
When Should You Hire a Qualified Sioux Falls, South Dakota Lemon Law Attorney?
Have you attempted to have your vehicle repaired at the dealership? Consumers should consider legal action when it doesn’t work for 30 days. If you can’t resolve the issue with the manufacturer, it may be time to bring in a , South Dakota lemon law attorney.
How Does the Lemon Law Litigation Process Work?
Consumers can expect to go through a series of motions by bringing in an experienced Sioux Falls lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most lemon law attorneys, you can expect the following:
- Free Case Evaluation – Attorneys should review your case for free. They will determine its merit and whether you have a justifiable claim.
- Filing Your Claim – Your South Dakota legal representative should handle filing a claim with the manufacturer after determining the facts.
- Further Action – Your vehicle’s manufacturer may refuse to comply with the claim under federal and state statutes. Then your attorney files suit to seek entitled compensation on your behalf.
- Pursuing Settlement – The manufacturer should cover all costs and fees if you achieve a settlement before trial. This compensation will often include attorney fees.
- Contingency Fee Basis – At the end of the ordeal, clients should not have to pay for attorney’s fees. Even if you ultimately lose your case, a reputable Sioux Falls law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.
Most lawsuits involving lemon laws in Sioux Falls will be heard by the Minnehaha County Court. However, depending on the size of your claim or the restitution you’re seeking, you may need to file with the Minnehaha Small Claims Court. An experienced Sioux Falls lemon lawyer can help you decide which is the best to file in for your case.
Work With an Experienced Local Lawyer In Sioux Falls, South Dakota.
Do you need immediate help? Then one of our experienced lawyers in Sioux Falls can help guide you through the Lemon Law litigation process. We can even help you connect with an attorney across South Dakota state lines!
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!