South Dakota Lemon Law Guide: Your Rights Under South Dakota Lemon Law

What Is the South Dakota Lemon Law? The South Dakota lemon law, codified at S.D. Codified Laws § 32-6D-1 et seq., is a consumer protection statute designed to provide remedies to buyers of defective new motor vehicles that substantially impair the vehicle's use, value, or safety. The law recognizes that, despite warranties and repair attempts, some vehicles suffer from recurring defects that the dealer or manufacturer fails to correct within a reasonable number of attempts or a reasonable period of time. When the statutory criteria are met, the law entitles the consumer to a refund or replacement vehicle and may provide for additional damages and recovery of expenses in certain circumstances. The Attorney General's Consumer Protection Division enforces consumer protection laws in South Dakota and provides resources for vehicle buyers experiencing warranty or safety defects. Consumers can find information and contact details with the South Dakota Attorney General at https://atg.sd.gov/consumer-protection/. Statutory citation: S.D. Codified Laws § 32-6D-1 et seq. Which Vehicles Qualify Under South Dakota Lemon Law? South Dakota's statutory lemon law applies to new motor vehicles purchased or leased in South Dakota that are still within the manufacturer's express warranty period. The statute limits coverage to new vehicles only; used vehicles are not covered by the state lemon law. Specifically, protection applies during the earlier of 12 months from the date of original delivery to the consumer or the first 12,000 miles of operation, unless the manufacturer provides an express warranty with longer coverage for the defect in question. To be covered, the defect must substantially impair the vehicle's use, value, or safety and must occur within the coverage period. Coverage typically applies to the vehicle's major systems and components that are covered by the manufacturer's express warranty, though consumer protections also extend to safety-related defects. Because the statute is limited to new vehicles and defined time and mileage thresholds, owners of used vehicles who have a manufacturer warranty should consult alternative remedies such as contract claims or the federal Magnuson-Moss Warranty Act; see the section 'South Dakota Lemon Law vs. the Federal Magnuson-Moss Warranty Act' below. If you are unsure whether your vehicle is covered, keep detailed records of your purchase or lease, the odometer reading and delivery date, and all repair orders and communications with the dealer or manufacturer. For legal help locating an experienced attorney, search the South Dakota attorney directory at /attorneys/sd/. How Many Repair Attempts Are Required in South Dakota? South Dakota's lemon law sets specific thresholds that determine when a vehicle may be presumed a lemon. A vehicle may qualify for relief when any one of the statutory criteria is met during the coverage period. The key thresholds are four repair attempts for the same nonconformit