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What is the law in regards to returning a vehicle and getting your money back?

Sioux Falls, SD |
Filed under: Lemon law Used cars

I purchased a vehicle on July 25th and they have had it in and out of the shop for 15 days of the 25 days that I have owed the vehicle. I beleive I have been more than patient. They have been trying to fix the problem that they told us the vehicle had when we purchased it. They promised to fix the problem as part of the selling agreement

Attorney Answers 3


Your issues will turn on:
1- New or Used vehicle?
2- Length/Breadth of warranty.
3- Your state's lemon and/or consumer protection laws.
4- Finding a good consumer protection attorney. Look here for same:

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3 lawyers agree




It is a used vehicle. The warranty is "as is warranty" which my understanding is that as long as dealer acknowledged a problem and agreed to fix, that is their resonspabilty. I do not know what the South Dakota lemon law is. I clicked on the link you provided and there were no attorneys that popped up.

Scott Richard Kaufman

Scott Richard Kaufman


Try the "find attorney" tab and look for ANY attorney listed in your state who handles ANY area of consumer law, for advice. There is no such thing as an as is warranty. Either you got a warranty or the sale is "as is." Good luck with it.


Scott is right about us needing to know more about the sale and vehicle etc in order to try to help answer your questions. Can you get a refund on a bad car? Can you make the seller fix it or pay for repairs? Can you get out of having to pay for it or get your money back when something goes wrong with it (like, the description was wrong or the transmission is bad or the engine is blown) through no fault of your own? Maybe, but there’s no way for us to tell without a lot more info from you and actually going over all your sales paperwork too. To get that done, you need to talk to a local Consumer Law attorney near you who deals with your specific kind of case. You can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers ( and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, You can also look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote UP” review below. And please be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge,

Did a business treat you unfairly? See what your Udap rights are to protect yourself, click here

For a Free Online 50 State National List of Consumer Law Lawyers, click here

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This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.

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3 lawyers agree


I agree with what Scott and Ron have said. You need to consult an attorney in your area. You may want to discuss with him your rights under SD's revocation of acceptance statute. That will be found in your Uniform Commercial Code at 2-608. The facts need to be looked at by an experienced attorney to determine whether you can use this statute. Good luck.

The information provided should not be considered legal advice. I am not licensed to practice in any State other than SC. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.

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