South Dakota Lemon Law: Do You Qualify?

South Dakota lemon law at a glance

Who is covered

The purchaser, other than for resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, who is entitled by the warranty to enforce it. The chapter does not mention leases. Motor homes and vehicles with a manufacturer GVWR of 15,000 pounds or more are excluded.

Coverage window

The rights period ends one year after original delivery or at the first 12,000 miles, whichever first occurs. The repair duty does not extend beyond 24 months or 24,000 miles, whichever occurs first.

Repair attempts

4 or more attempts on the same condition, at least one during the rights period, plus a final attempt by the manufacturer, with the condition continuing, within 24 months or 24,000 miles.

Days out of service

30 cumulative calendar days in the custody of the manufacturer or an authorized dealer for repair attempts, one repair during the rights period, within 24 months or 24,000 miles. The presumption does not arise where the repair could not be performed because of conditions beyond the control of the manufacturer or dealers, such as war, invasion, strike, fire, flood or other natural disaster; the act does not say whether those days are subtracted or defeat the presumption.

Written notice

Before suing, notice of the condition must go to the manufacturer by certified mail. If a presumption has arisen, the manufacturer gets a final opportunity to cure: it names a repair facility within 7 calendar days and has up to 14 calendar days after delivery to the facility.

Dispute program

Required before suit only if the manufacturer has an informal dispute procedure, conducted within the state, that complies with federal rules and regulations. Chapter 32-6D itself creates no state-run arbitration program.

Deadline to sue

Within three years following the date of original delivery to the consumer.

Used vehicles

The act covers a new or previously untitled vehicle; the chapter has no separate used-vehicle remedy. The Attorney General's handout (guidance, not statute) says the lemon law pertains to new vehicles only and that used vehicles are sold "AS-IS" unless a factory warranty remains or the dealer gives an "In-House" warranty.

Dealers and returned vehicles

Nothing in the chapter makes a dealer liable or gives a consumer a cause of action against one, and the manufacturer may not charge a dealer back for refunds or replacements. A vehicle returned under the act may not be resold in South Dakota without a written disclosure to the next buyer and a branded title: "This vehicle was returned to the manufacturer because it did not conform to its warranty."

Replacement or refund

At your option, a comparable new vehicle (with collateral charges refunded) or a refund of the contract price, collateral charges including excise tax, finance charges after your first report, and incidental damages including alternative transportation, less an allowance for your use: the full purchase price times the miles before your first report, divided by 100,000.

South Dakota lemon law: frequently asked questions

What vehicles does the South Dakota lemon law cover?

Self-propelled vehicles intended primarily for use on the public highway, plus four-or-more-wheel all-terrain vehicles with an engine of 200 cubic centimeters or more, bought new (or previously untitled) and used in substantial part for personal, family, or household purposes. Motor homes and any vehicle with a manufacturer GVWR of 15,000 pounds or more are excluded. The chapter does not mention leases.

How many repair attempts does South Dakota require?

The presumption arises after four or more repair attempts on the same condition by the manufacturer or its authorized dealers, at least one during the first year or 12,000 miles, plus a final attempt by the manufacturer, with the condition still existing, all within 24 months or 24,000 miles. The act has no separate rule for safety defects.

What must I do before suing the manufacturer?

Send the manufacturer notice of the condition by certified mail, describing the vehicle, the condition and all previous repair attempts, and demand correction or repair. If the manufacturer has an informal dispute procedure conducted within the state that complies with federal rules, you must first exhaust it. Suit must be commenced within three years following original delivery. The Attorney General's handout says to request a repair order every time you take the vehicle in for the problem: "If the service visit is not documented, it can't be used to establish the Lemon Law criteria."

What can I recover if my vehicle qualifies?

You choose a comparable new vehicle or a refund. The refund covers the full contract price, collateral charges including excise tax and license and registration fees, finance charges after your first report, and incidental damages, less a use allowance of the price times the miles before your first report divided by 100,000. If the manufacturer has breached the act, you may also recover an additional award for reasonable attorney fees.

What can the manufacturer argue against my claim?

Two affirmative defenses: that the condition does not significantly impair the use, market value, or safety of the vehicle, or that it results from abuse, neglect, or a modification or alteration by the consumer that the manufacturer did not authorize. The definition of a nonconforming condition also leaves out one that arises from an accident or other damage after the dealer delivered the vehicle.

Statutes cited on this page

• SDCL § 32-6D-1(1) (a "consumer" is the purchaser of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes)
• SDCL § 32-6D-1(5) (a "motor vehicle" is a self-propelled highway vehicle, or an all-terrain vehicle of four or more wheels and 200 cc; it excludes electric bicycles, multi-passenger quadricycles, motor homes and any vehicle with a GVWR of fifteen thousand pounds or more)
• SDCL § 32-6D-1(3) (the lemon law rights period: one year after original delivery or the first twelve thousand miles, whichever first occurs)
• SDCL § 32-6D-1(7) (a "nonconforming condition" significantly impairs use, value or safety, and does not result from abuse, neglect, unauthorized modification, or an accident after delivery)
• SDCL § 32-6D-5(1) (presumption of reasonable attempts: four or more repair attempts plus a final attempt by the manufacturer)
• SDCL § 32-6D-5(2) (presumption of reasonable attempts: thirty cumulative calendar days out of service)
• SDCL § 32-6D-6 (certified-mail notice, the manufacturer's final opportunity to cure, and the informal dispute procedure)
• SDCL § 32-6D-3 (after reasonable attempts the manufacturer must, at the consumer's option, replace the vehicle or accept its return and refund)
• SDCL § 32-6D-4 (refunds go to the consumer and lien holders; the reasonable allowance for use: price x miles before first report / 100,000)
• SDCL § 32-6D-7 (affirmative defenses: no significant impairment of use, market value or safety; abuse, neglect or unauthorized modification)
• SDCL § 32-6D-8 (an additional award for reasonable attorney fees)
• SDCL § 32-6D-9 (a returned vehicle may not be resold in the state without a written disclosure to the buyer and a branded title)
• SDCL § 32-6D-10 (no liability or cause of action against a dealer; no chargeback to dealers)
• SDCL § 32-6D-11 (an action must be commenced within three years following original delivery)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.