South Dakota Lemon Law (SD)

Qualifying Criteria in South Dakota

Under South Dakota's lemon law, your vehicle may qualify as a lemon if it meets the following criteria:

• Vehicle type: New motor vehicles purchased or leased in South Dakota
• Defect type: A nonconformity that substantially impairs the use, market value, or safety of the vehicle and is covered under the manufacturer's warranty
• Coverage period: The defect must occur within 2 years of delivery or 24,000 miles, whichever comes first
• Repair attempts: The manufacturer or authorized dealer must have attempted to repair the same defect at least 4 times, or the vehicle must have been out of service for a cumulative total of 30 or more days

Manufacturer Obligations

Must repair the nonconformity. If unable, must replace or refund the vehicle.

Available Remedies

If your vehicle qualifies as a lemon under South Dakota law, you are entitled to:

• Replacement vehicle
• Full refund minus reasonable use allowance

The "reasonable use allowance" deduction is typically calculated based on the mileage you accumulated before the first repair attempt, proportional to the vehicle's expected lifetime mileage. This ensures the manufacturer is not paying for use you already received from the vehicle.

Step-by-Step Filing Process in South Dakota

Follow these steps if you believe your vehicle qualifies as a lemon under South Dakota law:

1. 1 Report the defect to the dealer or manufacturer
2. 2 Allow at least 4 repair attempts for the same defect or 30+ business days out of service
3. 3 Notify the manufacturer in writing
4. 4 Use the manufacturer's dispute resolution process
5. 5 File suit in circuit court if unresolved

Arbitration in South Dakota

Consumer must use the manufacturer's informal dispute resolution procedure if available and compliant with FTC rules.

Important: In South Dakota, arbitration is a required step before you can file a lawsuit. This means you must exhaust the arbitration process first. The arbitration decision may or may not be binding depending on the specific program. If you are not satisfied with the outcome, you typically have the right to appeal or file a civil action in court.

Filing Deadline

Within 2 years from delivery or 24,000 miles.

Missing the filing deadline can forfeit your rights under the lemon law. Keep detailed records of every repair visit, including dates, mileage, descriptions of the problem, and copies of all repair orders and receipts. This documentation will be critical for your claim.

Additional Notes

Covers new motor vehicles purchased in South Dakota for personal, family, or household use.