South Dakota Lemon Law: Complete Guide for 2026

South Dakota Lemon Law consumer protection guide

Last verified: February 2026

Key Points

Primary Law: South Dakota Motor Vehicle Warranty Law (SDCL §§ 32-6D-1 to 32-6D-11)
Coverage: New motor vehicles under 15,000 lbs. GVWR for personal, family, or household use
Presumption: 4 repair attempts plus 1 final attempt, OR 30 days out of service
Lemon Law Rights Period: 1 year or 12,000 miles, whichever occurs first
Remedies: Replacement vehicle or full refund at consumer’s choice
Attorney Fees: Consumers may recover reasonable attorney fees for manufacturer breaches

Quick Penalties Overview

Violation Type	Consumer Remedy	Additional Recovery
Failure to repair after reasonable attempts	Refund or replacement	Attorney fees and incidental damages
Breach of lemon law obligations	Statutory remedies	Reasonable attorney fees
Resale without proper disclosure	Title branding violation	Subject to state enforcement

📑 Table of Contents (click to expand)

The South Dakota Motor Vehicle Warranty Law
What Vehicles Are Covered
South Dakota’s Lemon Law Presumption
Consumer Remedies: Refund vs. Replacement
How to File a Lemon Law Claim
Final Repair Opportunity
Manufacturer Defenses
Resale of Returned Vehicles
Dealer Protection
Statute of Limitations
Frequently Asked Questions
Resources and Legal Help

The South Dakota Motor Vehicle Warranty Law

South Dakota’s lemon law, officially known as the Motor Vehicle Warranty Law (SDCL §§ 32-6D-1 to 32-6D-11), provides protections for consumers who purchase new motor vehicles with significant defects. The law requires manufacturers to repair nonconforming conditions and, when repairs fail, to replace the vehicle or provide a refund.

A distinctive feature of South Dakota’s law is its requirement for a “final repair opportunity” after the standard repair attempts have been exhausted. This gives the manufacturer one additional chance to cure the defect before the consumer can pursue remedies, with specific timelines for notice and repair.

The law also includes strong protections for dealers, explicitly stating that nothing in the statute imposes liability on motor vehicle dealers or creates causes of action against them. Manufacturers cannot charge back dealers for any costs arising from lemon law claims.

What Vehicles Are Covered

South Dakota’s lemon law covers vehicles intended primarily for use on public highways that meet certain criteria.

Covered Vehicle Types

New or previously untitled motor vehicles: Self-propelled vehicles for highway use
Passenger vehicles: Used substantially for personal, family, or household purposes
Trucks and SUVs: Under the 15,000 lb. GVWR limit
Vans and minivans: For personal use

Vehicles NOT Covered

Motor homes (the law specifically excludes them)
Motor vehicles with a manufacturer’s gross vehicle weight rating of 15,000 pounds or more
Vehicles purchased for purposes of resale
Vehicles not used substantially for personal, family, or household purposes

Key Definitions

Consumer: The purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, who is entitled by the terms of the warranty to enforce its obligations.

Lemon Law Rights Period: The period ending one year after the date of original delivery to a consumer or the first 12,000 miles of operation, whichever occurs first.

South Dakota’s Lemon Law Presumption

Under SDCL § 32-6D-5, South Dakota law creates a presumption that reasonable attempts to correct a nonconforming condition have been made if certain conditions are met within 24 months of delivery or 24,000 miles, whichever occurs first.

The Lemon Law Presumption Applies When:

Condition	Requirement	Details
Repair Attempts (Same Problem)	4 or more attempts PLUS 1 final attempt	At least one attempt must occur during the lemon law rights period
Days Out of Service	30 or more cumulative calendar days	Including final repair attempt, with at least one repair during lemon law rights period
Lemon Law Rights Period	1 year or 12,000 miles	Nonconformity must first be reported during this period
Extended Repair Period	24 months or 24,000 miles	Time allowed for total repair attempts including final opportunity

Important: The 30-day out of service period does not include time when 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.

What Qualifies as a “Nonconforming Condition”?

South Dakota defines a nonconforming condition as one that:

Is not in conformity with the terms of any express warranty issued by the manufacturer
Significantly impairs the use, value, or safety of the motor vehicle
Occurs or arises solely in the course of ordinary use of the motor vehicle

The nonconformity must NOT arise from:

Abuse, neglect, or modification not authorized by the manufacturer
Any accident or other damage occurring after dealer delivery to the consumer

Consumer Remedies: Refund vs. Replacement

When a vehicle qualifies as a lemon under South Dakota law, the consumer has the right to choose between a replacement vehicle or a full refund.

Option 1: Replacement Vehicle

Under SDCL § 32-6D-3, the manufacturer must provide:

A comparable new motor vehicle
Refund of all collateral charges, including excise tax, license, registration fees, and similar government charges

Option 2: Full Refund

If the consumer chooses a refund, the manufacturer must return:

Full contract price: Including undercoating, dealer preparation, and transportation charges
Installed options: Cost of all options installed at time of purchase
Extended warranties and service contracts: Nonrefundable portions
Collateral charges: Excise tax, license, registration fees, and similar government charges
Finance charges: All finance charges incurred AFTER the consumer first reported the nonconformity
Incidental damages: Reasonable cost of alternative transportation during the period the consumer was without the vehicle due to the nonconforming condition

Usage Deduction: The manufacturer may offset the refund by a reasonable allowance for consumer’s use, calculated as follows:

Usage Deduction = (Full Purchase Price × Miles Before First Report) ÷ 100,000

Note that South Dakota uses 100,000 miles as the denominator, which is more favorable to consumers than states using 120,000 miles.

Refunds are made to the consumer and any lienholders, as their interests may appear.

How to File a Lemon Law Claim in South Dakota

Filing a successful lemon law claim in South Dakota requires careful documentation and adherence to specific notice and procedural requirements.

Step 1: Document Everything

Keep all repair orders and invoices
Record the dates your vehicle was in the shop
Document the symptoms you experienced
Save all correspondence with the dealer and manufacturer
Take photos or videos of defects when possible

Step 2: Report the Nonconformity

Deliver the motor vehicle to the manufacturer or its authorized dealer and give notice of the nonconforming condition during the lemon law rights period (1 year or 12,000 miles, whichever comes first).

Step 3: Allow Repair Attempts

Give the manufacturer or authorized dealer the opportunity to repair the nonconformity. The manufacturer’s obligation to repair extends up to 24 months or 24,000 miles, whichever occurs first, as long as notice was given during the lemon law rights period.

Step 4: Provide Written Notice for Final Repair Opportunity

Before filing a lawsuit, you must give written notice by certified mail to the manufacturer demanding correction. This triggers the final repair opportunity process.

Step 5: Exhaust Informal Dispute Settlement Procedure (If Required)

If the manufacturer has established an informal dispute settlement procedure that complies with federal regulations, you must exhaust that remedy before filing suit.

Final Repair Opportunity

South Dakota’s lemon law includes a unique “final repair opportunity” provision that gives manufacturers one last chance to fix the vehicle before legal action can proceed.

Notice Requirements

Under SDCL § 32-6D-6, consumers must send a “notice of nonconforming condition” by certified mail. This written statement must include:

Description of the motor vehicle
Description of the nonconforming condition
All previous attempts to correct the condition, identifying who made each attempt and when

Manufacturer’s Response

Within seven calendar days of receiving the notice, the manufacturer must notify the consumer of a reasonably accessible repair facility.

Final Repair Period

After the consumer delivers the vehicle to the authorized repair facility, the manufacturer has fourteen calendar days to attempt to correct the nonconforming condition and conform the vehicle to the express warranty.

If Final Repair Fails

If the manufacturer is unable to repair the vehicle within the final 14-day period, the consumer may bring a civil action against the manufacturer to enforce the provisions of the lemon law.

Manufacturer Defenses

Under SDCL § 32-6D-7, manufacturers have specific affirmative defenses available.

Defense	Manufacturer’s Argument	Consumer’s Counter
No significant impairment	Alleged nonconforming condition does not significantly impair use, market value, or safety	Document how defect affects daily use, resale value, or creates safety concerns
Abuse or neglect	Nonconforming condition resulted from consumer abuse or neglect	Provide maintenance records showing proper care and timely service
Unauthorized modification	Condition resulted from modification or alteration not authorized by manufacturer	Show defect existed before any modifications or is unrelated to modifications

Resale of Returned Vehicles

South Dakota has specific requirements for vehicles returned under the lemon law to protect subsequent purchasers.

Requirements for Reselling Lemon Buybacks

Under SDCL § 32-6D-9, if a motor vehicle has been returned under the lemon law (whether through legal action or informal dispute settlement), it may not be resold in South Dakota unless:

Written disclosure: The manufacturer discloses in writing to the subsequent purchaser the fact that the vehicle was returned under the lemon law and the nature of the nonconformity
Title branding: The manufacturer returns the title to the Department of Revenue advising of the return under the lemon law, and the department brands the title with the statement: “This vehicle was returned to the manufacturer because it did not conform to its warranty.”

This title branding follows the vehicle permanently, appearing on all subsequent titles issued for that vehicle.

Dealer Protection

South Dakota’s lemon law includes strong protections for motor vehicle dealers.

Under SDCL § 32-6D-10:

Nothing in the lemon law imposes any liability upon a motor vehicle dealer or authorized dealer
No cause of action is created against dealers by the lemon law
Manufacturers may NOT charge back or require reimbursement from dealers for any costs, including refunds or vehicle replacements, arising out of the lemon law

Statute of Limitations

Under SDCL § 32-6D-11, any action brought under South Dakota’s lemon law against the manufacturer must be commenced within three years following the date of original delivery of the motor vehicle to the consumer.

Frequently Asked Questions

How many repair attempts does South Dakota require before a vehicle is considered a lemon?

South Dakota requires four or more repair attempts for the same nonconforming condition, plus one final attempt by the manufacturer after written notice. At least one of these repair attempts must occur during the lemon law rights period (1 year or 12,000 miles). Alternatively, if the vehicle is out of service for 30 or more cumulative calendar days due to repair attempts, it may qualify.

What is the “final repair opportunity” in South Dakota?

Before filing a lawsuit, consumers must send a written notice by certified mail to the manufacturer demanding correction. The manufacturer then has 7 days to designate a repair facility and 14 days after the vehicle is delivered to attempt final repairs. This is required even after the standard repair attempts have been exhausted.

Does South Dakota’s lemon law cover used vehicles?

South Dakota’s lemon law covers “new or previously untitled” motor vehicles. This means the law applies to vehicles that have not been titled to a consumer, but may include demonstrator vehicles or executive vehicles. Previously titled used vehicles are generally not covered, though federal warranty law may apply.

Does South Dakota cover motor homes under its lemon law?

No, South Dakota specifically excludes motor homes from lemon law coverage. The chassis of a motor home may potentially be covered under federal warranty law if purchased separately.

What is the usage deduction in South Dakota?

The manufacturer may deduct a reasonable allowance for miles driven before you first reported the nonconformity. This is calculated by multiplying the full purchase price by a fraction: miles before first report divided by 100,000. For example, on a $40,000 vehicle with 5,000 miles at first report, the deduction would be $2,000.

Can I recover attorney fees if I win my lemon law case in South Dakota?

Yes, under SDCL § 32-6D-8, if the manufacturer has breached its obligations under the lemon law, the consumer may recover reasonable attorney fees in addition to the refund or replacement remedy.

Do I have to use a manufacturer’s arbitration program before suing?

Yes, if the manufacturer has established an informal dispute settlement procedure that complies with federal rules and regulations, you must exhaust that remedy before filing a civil action under the lemon law.