SOUTH DAKOTA Lemon Law:
S.D. Codified Laws §§ 32-6D-1 to 32-6D-11
Vehicles covered: Self-propelled vehicles under 10,000 lbs. intended
primarily for use on public highways; excludes motor
homes (§ 32-6D-1(5)). No reference to leased vehicles.
Persons covered: Purchasers of new or untitled vehicles used in
substantial part for personal, family or household purposes, or any
person entitled to enforce the warranty (§ 32-6D-1(1)).
Period covered: Whichever comes first: one year from date of
delivery or 12,000 miles (§ 32-6D-1(3)).
Disclosure requirements: Manufacturer has none.
Required consumer notice: Written statement to the manufacturer
which describes the vehicle, the nonconforming condition, all
previous repair attempts, and the identities of those who made
repair attempts (§§ 32-6D-1(8), 32-6D-2). Notice by certified mail
prior to final (seven days) opportunity to cure which must precede
commencement of civil action (§ 32-6D-6).
Repair requirements: It is presumed that a reasonable number of
attempts have been made if the same nonconformity has been
subjected to four or more repair attempts, or the vehicle has been
out of service for a cumulative total of thirty days (§ 32-6D-5).
Final opportunity to cure within seven days after manufacturer
receives notice prior to commencement of civil action.
Affırmative defenses: The nonconformity does not significantly
impair the use, market value or safety of the vehicle, or is the result
of neglect, abuse, or unauthorized modification or alteration (§ 32-
6D-7); statute of limitations (§ 32-6D-11).
Replace/refund: At the option of the consumer, replace the vehicle
with a comparable new vehicle or refund the full contract price less
a reasonable allowance for use (defined by statute) (§§ 32-6D-3,
Other reimbursement: Charges for undercoating, dealer preparation
and transportation, plus nonrefundable portions of extended
warranties and service contracts; all collateral charges including
excise tax, license and registration fees, all finance charges incurred
after consumer notice to the manufacturer, all incidental
charges including reasonable cost of alternative transportation;
attorney fees if the manufacturer has breached any of its obligations
(§§ 32-6D-3, 32-6D-8).
Other remedies: No cause of action created against dealer (§ 32-
Informal dispute resolution: Consumer must use an informal dispute
settlement procedure established by the manufacturer before
bringing suit if such procedure complies with federal regulations
Resale of lemon: Full disclosure required; the manufacturer must
return the vehicle title to the state motor vehicle department of
revenue to be branded with a statutory notice (§ 32-6D-9).