LEMON LAW DEMAND LETTER
STATE OF SOUTH DAKOTA
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY - SIGNATURE REQUIRED
AND FIRST-CLASS MAIL
[DATE]
[MANUFACTURER NAME]
ATTN: Customer Relations / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]
[DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, STATE ZIP]
Re: SOUTH DAKOTA LEMON LAW DEMAND - STATUTORY NOTICE
Consumer/Owner: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [VEHICLE IDENTIFICATION NUMBER]
Purchase/Lease Date: [DATE]
Current Mileage: [MILEAGE]
Dear Sir or Madam:
This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") in connection with the purchase/lease of the above-referenced vehicle, which qualifies as a "lemon" under the South Dakota Motor Vehicle Warranties Law, S.D. Codified Laws Section 32-6D-1 et seq., and the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq. This letter constitutes formal notice of our Client's claim and demand for repurchase or replacement of the defective vehicle.
I. SOUTH DAKOTA LEMON LAW FRAMEWORK
A. Statutory Authority
This demand is made pursuant to the South Dakota Motor Vehicle Warranties Law, S.D. Codified Laws Section 32-6D-1 et seq., which provides protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.
B. Covered Vehicles
Under S.D. Codified Laws Section 32-6D-1(3), a "motor vehicle" means:
- A self-propelled vehicle purchased or leased in South Dakota
- A vehicle primarily designed for the transportation of persons or property over public highways
- Excludes: Motor homes, motorcycles, and vehicles with a gross vehicle weight rating over 10,000 pounds
The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased new and is covered under South Dakota's Lemon Law.
C. Coverage Period
South Dakota's Lemon Law applies during:
- The Lemon Law Rights Period: The term of the express warranty OR two years following the date of original delivery, whichever comes first. S.D. Codified Laws Section 32-6D-3.
D. Presumption of Nonconformity
Under S.D. Codified Laws Section 32-6D-5, there is a rebuttable presumption that a reasonable number of attempts have been made if:
-
Same Nonconformity: The same nonconformity has been subject to repair four (4) or more times without success; OR
-
Days Out of Service: The vehicle has been out of service by reason of repair for 30 or more business days (need not be consecutive).
E. Manufacturer Notice Requirement
Under S.D. Codified Laws Section 32-6D-5, the consumer must provide written notification to the manufacturer of the need for repair. The manufacturer must be given one (1) additional opportunity to cure the nonconformity after receiving such notice.
THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.
II. VEHICLE INFORMATION
| Item | Details |
|---|---|
| Owner/Lessee | [CONSUMER FULL NAME] |
| Co-Owner/Co-Lessee | [IF APPLICABLE] |
| Year/Make/Model | [YEAR] [MAKE] [MODEL] |
| Trim Level/Package | [TRIM] |
| Vehicle Identification Number | [VIN] |
| Purchase/Lease Date | [DATE] |
| Delivering Dealer | [DEALER NAME AND LOCATION] |
| Purchase Price / Cap Cost | $[AMOUNT] |
| Current Odometer Reading | [MILEAGE] |
| Mileage at First Repair Attempt | [MILEAGE] |
| Type of Transaction | [ ] Purchase [ ] Lease |
III. WARRANTY INFORMATION
A. Manufacturer's Warranty
| Warranty Type | Duration | Status |
|---|---|---|
| Basic/Bumper-to-Bumper | [YEARS]/[MILES] | [ ] Active [ ] Expired |
| Powertrain | [YEARS]/[MILES] | [ ] Active [ ] Expired |
The defects complained of arose during the applicable warranty period and remain unresolved.
IV. DEFECT DESCRIPTION
A. Nature of Defect(s)
The vehicle suffers from one or more nonconformities that substantially impair its use and market value as required under S.D. Codified Laws Section 32-6D-3:
PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Safety Impact: [ ] Yes [ ] No - [IF YES, DESCRIBE]
- Use Impairment: [HOW DEFECT AFFECTS VEHICLE USE]
- Value Impairment: [HOW DEFECT AFFECTS VEHICLE VALUE]
ADDITIONAL DEFECT(S):
[REPEAT FORMAT FOR EACH ADDITIONAL DEFECT]
V. REPAIR HISTORY
Repair Attempt #1
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Business Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Result | [ ] Defect persisted [ ] Defect returned |
Repair Attempt #2
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Business Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Result | [ ] Defect persisted [ ] Defect returned |
Repair Attempt #3
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Business Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Result | [ ] Defect persisted [ ] Defect returned |
Repair Attempt #4
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Business Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Result | [ ] Defect persisted [ ] Defect returned |
[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]
Summary of Repair Attempts
| Defect | Number of Repair Attempts | Total Business Days Out of Service |
|---|---|---|
| [PRIMARY DEFECT] | [NUMBER] | [DAYS] |
| TOTAL | [NUMBER] | [DAYS] |
VI. LEMON LAW QUALIFICATION
A. South Dakota Lemon Law Presumption Met
Our Client's vehicle qualifies as a lemon under South Dakota law because:
[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, exceeding the 4-repair threshold under S.D. Codified Laws Section 32-6D-5(1).
[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] business days, exceeding the 30-day threshold under S.D. Codified Laws Section 32-6D-5(2).
B. Magnuson-Moss Warranty Act
In addition to state law claims, our Client has claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq., which provides for attorney's fees to prevailing consumers.
VII. ARBITRATION NOTICE
Under S.D. Codified Laws Section 32-6D-4, if [MANUFACTURER] sponsors an informal dispute settlement procedure that complies with 16 C.F.R. Part 703, the consumer must first submit the dispute to that procedure before bringing a civil action.
[ ] [MANUFACTURER] has a certified arbitration program. Our Client will participate in the process but may reject the decision and proceed to court.
[ ] [MANUFACTURER] does not have a complying informal dispute settlement procedure, and therefore the consumer may proceed directly to court.
VIII. DEMAND FOR RELIEF
Pursuant to S.D. Codified Laws Section 32-6D-3, we hereby demand:
A. Primary Relief (Choose One)
[ ] REPURCHASE/REFUND
Under S.D. Codified Laws Section 32-6D-3(1), the manufacturer must refund:
| Item | Amount |
|---|---|
| Full Contract Price | $[AMOUNT] |
| Plus: All Collateral Charges (taxes, fees, finance charges) | $[AMOUNT] |
| Plus: Incidental Damages (rental, towing, etc.) | $[AMOUNT] |
| Subtotal | $[AMOUNT] |
| Less: Reasonable Allowance for Use (see below) | ($[AMOUNT]) |
| TOTAL REFUND DUE | $[AMOUNT] |
The reasonable allowance for use is calculated by multiplying the full contract price by a fraction having as its denominator 100,000 and the number of miles the vehicle was driven prior to the consumer's first report of the nonconformity as its numerator. S.D. Codified Laws Section 32-6D-3(1).
[ ] REPLACEMENT
Under S.D. Codified Laws Section 32-6D-3(2), the manufacturer must provide a comparable new motor vehicle acceptable to the consumer.
B. Additional Relief
-
Attorney's Fees and Costs: Under S.D. Codified Laws Section 32-6D-6, a prevailing consumer may recover reasonable attorney's fees and costs.
-
Loan/Lease Payoff: The manufacturer must pay off any outstanding balance to the lienholder.
-
Incidental Damages: All incidental damages including rental car expenses, towing charges, and other costs incurred as a result of the nonconformity.
IX. FINAL REPAIR OPPORTUNITY
This letter provides [MANUFACTURER] with the final repair opportunity required under S.D. Codified Laws Section 32-6D-5. The manufacturer must be given one additional opportunity to cure the nonconformity after receiving this notice.
Please contact the undersigned within ten (10) business days to schedule the final repair attempt. If the defect is not cured within a reasonable time, our Client will proceed with arbitration (if required) and/or litigation.
X. DOCUMENT PRESERVATION
You are hereby directed to preserve all documents and records relating to this vehicle, including:
- All repair orders and warranty claims
- All technical service bulletins related to the defect
- All customer complaints regarding similar defects
- All communications between dealer and manufacturer
- All engineering documents and analyses
- The vehicle itself (do not destroy, sell, or alter)
XI. RESPONSE DEADLINE
Please respond to this demand in writing within fourteen (14) days of the date of this letter with:
- Your position on whether the vehicle qualifies as a lemon
- Your offer for repurchase or replacement
- Scheduling of the final repair opportunity, if desired
If we do not receive a satisfactory response, our Client will:
[ ] Submit this matter to the manufacturer's arbitration program
[ ] File suit in the appropriate South Dakota court
[ ] Report this matter to the South Dakota Attorney General
XII. CONCLUSION
Our Client has provided [MANUFACTURER] with ample opportunity to repair this vehicle. The vehicle continues to suffer from substantial defects that impair its use and value. Our Client is entitled to a refund or replacement under South Dakota law.
We urge you to resolve this matter promptly and avoid unnecessary litigation.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [CONSUMER FULL NAME]
ENCLOSURES:
[ ] Copies of all repair orders
[ ] Copy of purchase/lease agreement
[ ] Copy of warranty booklet
[ ] Vehicle registration
[ ] Photographs/videos of defect
[ ] Prior correspondence with manufacturer
cc: [CONSUMER NAME]
[LIENHOLDER, if applicable]
South Dakota Attorney General - Consumer Protection Division
SOUTH DAKOTA LEMON LAW QUICK REFERENCE
| Element | South Dakota Requirement |
|---|---|
| Statute | S.D. Codified Laws Section 32-6D-1 et seq. |
| Coverage | New motor vehicles |
| Excludes | Motor homes, motorcycles, vehicles over 10,000 lbs GVWR |
| Coverage Period | Warranty term or 2 years, whichever first |
| Repair Attempts Required | 4 for same defect |
| Days Out of Service | 30 business days |
| Notice Required | Written notice to manufacturer; one final repair opportunity |
| Arbitration Required | Yes, if manufacturer has complying program |
| Mileage Offset | (Full Contract Price) x (Miles at First Repair / 100,000) |
| Civil Penalty | No specific provision |
| Attorney's Fees | Yes, to prevailing consumer |
| Statute of Limitations | Within lemon law rights period or reasonable time after |
PRACTICE NOTES FOR SOUTH DAKOTA
-
Longer Coverage Period: South Dakota provides 2 years of coverage (vs. 1 year in many states), giving consumers more time to identify and document defects.
-
Four Repair Attempts Required: South Dakota requires 4 repair attempts (vs. 3 in some states). Ensure the client meets this threshold.
-
Business Days Calculation: South Dakota uses business days (not calendar days) for the 30-day out-of-service calculation. Count carefully.
-
No Safety Defect Exception: South Dakota does not have a reduced repair threshold for safety defects. The standard 4-repair threshold applies.
-
Written Notice Critical: The statute requires written notice to the manufacturer before invoking remedies. This letter satisfies that requirement.
-
One Final Repair Opportunity: The manufacturer is entitled to one additional repair opportunity after receiving written notice.
-
Document Everything: Maintain detailed records of all repair attempts, including dates, mileage, and repair orders.
-
Standard Mileage Offset: South Dakota uses the standard 100,000-mile denominator for calculating the use offset.
This template is for informational purposes only and does not constitute legal advice. Consult a licensed South Dakota attorney before use.