South Dakota · Lemon law · Updated Oct 2026
South Dakota Lemon Law (Manufacturer's Warranty) (S.D. Codified Laws §§ 32-6D-1 to 32-6D-11) protects buyers of new vehicles that can't be fixed. Here is what counts as a lemon in South Dakota, the notice you must send and what you can get back.
Within 24 months or 24,000 miles of delivery, your car is presumed a lemon if the same defect was repaired 4 or more times (at least one during the first year/12,000 miles) plus a final attempt by the manufacturer and it still exists, or if it was out of service in the manufacturer's or dealer's hands for a total of 30 calendar days, including the final attempt.
Period: You must first report the defect within 1 year or 12,000 miles from original delivery, whichever comes first (the 'lemon law rights period'). Repair attempts are then counted for up to 24 months or 24,000 miles.
Before suing, you must send the manufacturer a written 'notice of a nonconforming condition' by certified mail describing the vehicle, the defect and every earlier repair attempt (who did it and when), and demand repair. The manufacturer then has 7 calendar days to name a reasonably accessible repair shop and 14 calendar days after you deliver the car to fix it (S.D. Codified Laws §§ 32-6D-1(8), 32-6D-6).
If the manufacturer has an informal dispute program held in South Dakota that complies with federal rules, you must use it before you can sue under the lemon law. South Dakota has no state-run program.
At your choice: a comparable new replacement vehicle plus a refund of collateral charges (excise tax, license and registration fees and similar government charges); or a refund of the full contract price (including undercoating, dealer prep, transportation, installed options, and nonrefundable parts of extended warranties and service contracts), all collateral charges, finance charges incurred after you first reported the defect, and incidental costs such as alternative transportation. The manufacturer may deduct a use allowance: the full purchase price times miles driven before your first report, divided by 100,000.
Attorney fees: Yes. If the manufacturer breached its duties, you may also recover reasonable attorney fees (§ 32-6D-8).
Deadline: You must sue within 3 years of the date of original delivery (S.D. Codified Laws § 32-6D-11).
The Attorney General's office says the lemon law covers new vehicles only.
Most states require you to tell the manufacturer in writing and give it a last chance to fix the car. Before suing, you must send the manufacturer a written 'notice of a nonconforming condition' by certified mail describing the vehicle, the defect and every earlier repair attempt (who did it and when), and demand repair. The manufacturer then has 7 calendar days to name a reasonably accessible repair shop and 14 calendar days after you deliver the car to fix it (S.D. Codified Laws §§ 32-6D-1(8), 32-6D-6). Fill this in, copy the letter, sign it and send it by certified mail with return receipt. Keep a copy. Nothing you type here is sent to us; the letter is made in your browser.
Within 24 months or 24,000 miles of delivery, your car is presumed a lemon if the same defect was repaired 4 or more times (at least one during the first year/12,000 miles) plus a final attempt by the manufacturer and it still exists, or if it was out of service in the manufacturer's or dealer's hands for a total of 30 calendar days, including the final attempt.
You must first report the defect within 1 year or 12,000 miles from original delivery, whichever comes first (the 'lemon law rights period'). Repair attempts are then counted for up to 24 months or 24,000 miles.
Before suing, you must send the manufacturer a written 'notice of a nonconforming condition' by certified mail describing the vehicle, the defect and every earlier repair attempt (who did it and when), and demand repair. The manufacturer then has 7 calendar days to name a reasonably accessible repair shop and 14 calendar days after you deliver the car to fix it (S.D. Codified Laws §§ 32-6D-1(8), 32-6D-6).
If the manufacturer has an informal dispute program held in South Dakota that complies with federal rules, you must use it before you can sue under the lemon law. South Dakota has no state-run program.
At your choice: a comparable new replacement vehicle plus a refund of collateral charges (excise tax, license and registration fees and similar government charges); or a refund of the full contract price (including undercoating, dealer prep, transportation, installed options, and nonrefundable parts of extended warranties and service contracts), all collateral charges, finance charges incurred after you first reported the defect, and incidental costs such as alternative transportation. The manufacturer may deduct a use allowance: the full purchase price times miles driven before your first report, divided by 100,000.
You must sue within 3 years of the date of original delivery (S.D. Codified Laws § 32-6D-11).
The Attorney General's office says the lemon law covers new vehicles only.
Car not covered, or the period has passed? Federal warranty law may still help, and small claims court can handle smaller repair bills.
Federal warranty law