Lemon law in South Dakota

At a glance

Who qualifies

Which vehicles

New or previously untitled self-propelled vehicles bought mainly for personal, family, or household use, including some four-wheel ATVs. Motor homes and vehicles rated at 15,000 pounds or more are not covered.

“The term does not include any electric bicycle as defined in § 32-20B-9 , a multi-passenger quadricycle as defined in § 32-14-17 , or any motor home or any motor vehicle having a manufacturer's gross vehicle weight rating of fifteen thousand pounds or more;”

sdlegislature.gov

Repair attempts

The car is presumed a lemon if the same defect was repaired 4 or more times (at least one during the first year or 12,000 miles), plus a final repair attempt by the manufacturer, and the defect still exists.

“The same nonconforming condition was subject to repair attempts four or more times by the manufacturer, or its authorized dealers, at least one of which occurred during the lemon law rights period, plus a final attempt by the manufacturer, and the same nonconforming condition continues to exist;”

sdlegislature.gov

Serious safety defects

The law does not say.

Days out of service

The car is presumed a lemon if it was out of service for repairs for a total of 30 calendar days, including the final repair attempt.

“for a cumulative total of thirty calendar days, unless the repair could not be performed because of conditions beyond the control of the manufacturer or authorized dealers”

sdlegislature.gov

Used vehicles

No. The lemon law covers only new or previously untitled vehicles.

“The Lemon Law pertains to new vehicles only.”

consumer.sd.gov

Leased vehicles

The law does not say.

Deadlines

Protection period

The defect must first be reported within 1 year or 12,000 miles after delivery, whichever comes first. Repair attempts within 24 months or 24,000 miles count toward the presumption.

“"Lemon law rights period," the period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first twelve thousand miles of operation, whichever first occurs;”

sdlegislature.gov

Time limit to file

You must file a lawsuit within 3 years after the vehicle was first delivered to you.

“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.”

sdlegislature.gov

Steps

1. Keep every repair order. Each visit to the dealer should give you a work order with the date, the mileage, what you reported and what they did. Ask for one every time, even when they find nothing. These papers are your case.
2. Check the dates. The defect must first be reported within 1 year or 12,000 miles after delivery, whichever comes first. Repair attempts within 24 months or 24,000 miles count toward the presumption. You must file a lawsuit within 3 years after the vehicle was first delivered to you.
3. Tell the manufacturer in writing. The law asks for written notice. See written notice below.
4. Use the dispute program if one is required. See arbitration below for whether you must go there before court.
5. Ask for a refund or a replacement, or file. Send the letter, then file before the time limit if the manufacturer will not buy the vehicle back or replace it.

Written notice

Before suing, you must send the manufacturer written notice of the defect by certified mail. If the lemon presumption already applies, the manufacturer gets one final chance to fix the car within 14 calendar days.

“Prior to the commencement of any such proceeding a consumer shall give notice of a nonconforming condition by certified mail to the manufacturer and demand correction or repair of the nonconforming condition.”

sdlegislature.gov

Arbitration

If the manufacturer runs an informal dispute program in South Dakota that meets federal rules, you must use it before suing. The law does not create a state-run arbitration program.

“a consumer shall first exhaust any remedy afforded to the consumer under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this chapter.”

sdlegislature.gov

What you get

You choose a comparable new vehicle or a refund of the full contract price, taxes and fees, finance charges after the first report, and alternative transportation costs. A use deduction is taken based on the miles driven before you first reported the defect, divided by 100,000.

“at the option of the consumer, replace the motor vehicle with a comparable new motor vehicle and shall refund the customer all collateral charges, including excise tax, license, and registration fees and similar government charges or shall accept return of the vehicle”

sdlegislature.gov

Do it yourself

You can bring a lemon law claim without a lawyer. It takes letters, records and patience. The usual route:

1. Put your repair orders in date order and count the attempts and the days out of service.
2. Send the manufacturer the letter below, by a tracked method, to the address in your owner's manual or warranty booklet.
3. If it offers a final repair, let it try within the time the law gives it.
4. If it refuses or does not answer, file with the manufacturer's dispute program or the state program (South Dakota Attorney General, Division of Consumer Protection), then court if you need to.
5. Do not sell or trade in the vehicle while the claim is open.

[Your name]
[Your address]
[Date]

[Manufacturer name]
[Address from your owner's manual or warranty booklet]

Re: Lemon law claim, [year make model], VIN [VIN]

I bought (or leased) this vehicle on [date] from [dealer], in South Dakota. It has a defect that the dealer has not been able to fix: [describe it in one or two sentences].

It has been in for repair of this defect [number] times, on [dates], and out of service for a total of [number] days. Copies of the repair orders are enclosed.

Under South Dakota Lemon Law (Manufacturer's Warranty, SDCL chapter 32-6D) (S.D. Codified Laws §§ 32-6D-1 to 32-6D-11), I ask you to repurchase or replace the vehicle. Please reply in writing within 15 days. I can bring the vehicle in for a final repair attempt if the law gives you one.

[Your name]
[Phone and email]

What a buyback pays in South Dakota

The refund is reduced for your use of the car: the price times the miles driven before the first repair visit for the defect, divided by 100,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $2,400.

Estimate your buyback

Questions people ask about South Dakota's lemon law

Find a South Dakota lemon law lawyer

Yes. If the manufacturer broke the law, you can recover reasonable attorney fees.

“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.”

sdlegislature.gov

Because the manufacturer usually pays the lawyer's fees when you win, most lemon law lawyers charge you nothing up front. A lawyer also knows what the manufacturer offers in cases like yours and what the use deduction should be.

Send the free case check below and we find a lemon law firm that takes South Dakota cases like yours. The firm contacts you, and you decide whether to hire them.

Sources

• S.D. Codified Laws §§ 32-6D-1 to 32-6D-11, South Dakota Lemon Law (Manufacturer's Warranty, SDCL chapter 32-6D)
• South Dakota Attorney General, Division of Consumer Protection
• Magnuson-Moss Warranty Act, 15 U.S.C. § 2310, the federal warranty law that also lets owners recover attorney fees.

Each quote above is copied from the page it links to, checked 2026-10-26. If a page has moved, the citation still finds the law.