Title 32 — MOTOR VEHICLES
55 chapters · 1,941 sections in this title.
SDCL § 32-6D-1 Definitions
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Terms used in this chapter mean: (1) "Consumer," the purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, who is entitled by the terms of the warranty to enforce the oblig…
SDCL § 32-6D-10 Liability of dealer
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Nothing in this chapter imposes any liability upon a motor vehicle dealer or authorized dealer or creates a cause of action by a consumer against a motor vehicle dealer or authorized dealer. No manufacturer may charge back or require reimbursement by a motor vehicle dealer or aut…
SDCL § 32-6D-11 Time limit for action
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Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the motor vehicle to the consumer. Source: SL 1993, ch 227 , § 11.
SDCL § 32-6D-2 Notice of nonconforming condition--Timeliness--Obligation to repair
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If a new motor vehicle does not conform to any applicable express warranty and the consumer delivers the motor vehicle to the manufacturer or its authorized dealer and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the motor ve…
SDCL § 32-6D-3 Replacement of irreparable vehicle--Refund
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If, after reasonable attempts, the manufacturer or its authorized dealer is unable to conform the motor vehicle to any express warranty by repairing or correcting a nonconforming condition of the motor vehicle which first occurred during the lemon law rights period, the manufactu…
SDCL § 32-6D-4 Allowance for use of vehicle offset against monetary recovery
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Refunds shall be made to the consumer and any lien holders, as their interests may appear. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer's use of the vehicle. A reasonable allowance for use is that amount directly attr…
SDCL § 32-6D-5 Reasonable attempts to correct nonconforming condition
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It is presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of twenty - four months following delivery of the vehicle or twenty - four thousand miles, whichever first occurs, either of the following events o…
SDCL § 32-6D-6 Civil action against manufacturer
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A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform its obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proce…
SDCL § 32-6D-7 Affirmative defenses to claim against manufacturer
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It is an affirmative defense to any claim against the manufacturer under this chapter that: (1) An alleged nonconforming condition does not significantly impair the use, market value, or safety of the motor vehicle; or (2) A nonconforming condition is a result of abuse, neglect, …
SDCL § 32-6D-8 Attorney fees
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If the manufacturer has breached its obligations imposed under this chapter, the consumer may recover, in addition to the remedy provided under §§ 32-6D-2 to 32-6D-5 , inclusive, an additional award for reasonable attorney fees. Source: SL 1993, ch 227 , § 8.
SDCL § 32-6D-9 Resale of returned vehicle
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If a motor vehicle has been returned to the manufacturer under the provisions of this chapter or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless: (…