Key takeaways
- Protection period: one year after original delivery or the first 12,000 miles, whichever occurs first. The manufacturer's repair duty and the presumption window run to 24 months or 24,000 miles, whichever occurs first.
- Repair attempts: same nonconforming condition subject to repair four or more times (at least one during the lemon law rights period) plus a final attempt by the manufacturer, within 24 months or 24,000 miles, and it continues to exist.
- Days out of service: cumulative total of 30 calendar days out of service in the custody of the manufacturer or dealer (including the final repair attempt, one attempt during the rights period), within 24 months or 24,000 miles.
- Deadline: within three years following the date of original delivery of the vehicle to the consumer.
- The law is S.D. Codified Laws §§ 32-6D-1 to 32-6D-11. Read it with your repair orders and your warranty in front of you.
On this page
South Dakota's lemon law is S.D. Codified Laws §§ 32-6D-1 to 32-6D-11, the Manufacturer's Warranty (South Dakota lemon law). It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
South Dakota lemon law at a glance
| Statute | S.D. Codified Laws §§ 32-6D-1 to 32-6D-11 |
|---|---|
| Official name | Manufacturer's Warranty (South Dakota lemon law) |
| Vehicles covered | New or previously untitled self-propelled highway vehicles used in substantial part for personal, family or household purposes, plus all-terrain vehicles with four or more wheels and an engine of 200cc or more. Motor homes, vehicles with a GVWR of 15,000 pounds or more, electric bicycles and multi-passenger quadricycles are excluded. |
| Leased vehicles | The statute does not extend its lemon law remedies to lessees. |
| Protection period | Lemon law rights period: one year after original delivery or the first 12,000 miles, whichever occurs first. The manufacturer's repair duty and the presumption window run to 24 months or 24,000 miles, whichever occurs first. |
| Repair attempts | Same nonconforming condition subject to repair four or more times (at least one during the lemon law rights period) plus a final attempt by the manufacturer, within 24 months or 24,000 miles, and it continues to exist. |
| Days out of service | Cumulative total of 30 calendar days out of service in the custody of the manufacturer or dealer (including the final repair attempt, one attempt during the rights period), within 24 months or 24,000 miles. |
| Notice to the manufacturer | Before suing, the consumer must send written notice of the nonconforming condition to the manufacturer by certified mail and demand repair. If a presumption has arisen, the manufacturer gets a final opportunity: it must name a repair facility within 7 calendar days and complete repairs within 14 calendar days. |
| Dispute programs | If the manufacturer has an informal dispute settlement procedure conducted within South Dakota that complies with federal rules, the consumer must exhaust it before suing. No state-run arbitration program. |
| Deadline to bring a claim | Within three years following the date of original delivery of the vehicle to the consumer. |
| Remedies | At the consumer's option, a comparable new vehicle plus collateral charges, or a refund of the full contract price (including dealer prep, transportation, options and nonrefundable extended warranty and service contract costs), collateral charges, finance charges incurred after the first report, and incidental damages such as alternative transportation. Use offset is full purchase price times miles before the first report, divided by 100,000. |
| Attorney's fees | Yes. If the manufacturer breached its obligations, the consumer may recover reasonable attorney fees in addition to the remedy. |
| Used vehicles | No. The statute covers purchasers of new or previously untitled vehicles only. |
Does your vehicle qualify in South Dakota?
The law covers new or previously untitled self-propelled highway vehicles used in substantial part for personal, family or household purposes, plus all-terrain vehicles with four or more wheels and an engine of 200cc or more. Motor homes, vehicles with a GVWR of 15,000 pounds or more, electric bicycles and multi-passenger quadricycles are excluded. The protection period is one year after original delivery or the first 12,000 miles, whichever occurs first. The manufacturer's repair duty and the presumption window run to 24 months or 24,000 miles, whichever occurs first. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: Same nonconforming condition subject to repair four or more times (at least one during the lemon law rights period) plus a final attempt by the manufacturer, within 24 months or 24,000 miles, and it continues to exist.
- Days out of service: Cumulative total of 30 calendar days out of service in the custody of the manufacturer or dealer (including the final repair attempt, one attempt during the rights period), within 24 months or 24,000 miles.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
Before suing, the consumer must send written notice of the nonconforming condition to the manufacturer by certified mail and demand repair. If a presumption has arisen, the manufacturer gets a final opportunity: it must name a repair facility within 7 calendar days and complete repairs within 14 calendar days.
If the manufacturer has an informal dispute settlement procedure conducted within South Dakota that complies with federal rules, the consumer must exhaust it before suing. No state-run arbitration program.
Deadline: Within three years following the date of original delivery of the vehicle to the consumer.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
At the consumer's option, a comparable new vehicle plus collateral charges, or a refund of the full contract price (including dealer prep, transportation, options and nonrefundable extended warranty and service contract costs), collateral charges, finance charges incurred after the first report, and incidental damages such as alternative transportation. Use offset is full purchase price times miles before the first report, divided by 100,000. Yes. If the manufacturer breached its obligations, the consumer may recover reasonable attorney fees in addition to the remedy. Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside South Dakota's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your South Dakota vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in South Dakota?
Under S.D. Codified Laws §§ 32-6D-1 to 32-6D-11, the presumption is met when same nonconforming condition subject to repair four or more times (at least one during the lemon law rights period) plus a final attempt by the manufacturer, within 24 months or 24,000 miles, and it continues to exist. The law also counts time in the shop: cumulative total of 30 calendar days out of service in the custody of the manufacturer or dealer (including the final repair attempt, one attempt during the rights period), within 24 months or 24,000 miles.
How long do I have to file a lemon law claim in South Dakota?
Within three years following the date of original delivery of the vehicle to the consumer. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the South Dakota lemon law cover used cars?
No. The statute covers purchasers of new or previously untitled vehicles only. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the South Dakota lemon law cover leased vehicles?
The statute does not extend its lemon law remedies to lessees. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in South Dakota?
Before suing, the consumer must send written notice of the nonconforming condition to the manufacturer by certified mail and demand repair. If a presumption has arisen, the manufacturer gets a final opportunity: it must name a repair facility within 7 calendar days and complete repairs within 14 calendar days. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in South Dakota?
If the manufacturer has an informal dispute settlement procedure conducted within South Dakota that complies with federal rules, the consumer must exhaust it before suing. No state-run arbitration program.
Can I recover attorney's fees under the South Dakota lemon law?
Yes. If the manufacturer breached its obligations, the consumer may recover reasonable attorney fees in addition to the remedy. We explain exactly how fees work in your case before you sign anything.