South Dakota Lemon Law rules at a glance
The South Dakota Manufacturer’s Warranty (Lemon Law) is S.D. Codified Laws §§ 32-6D-1 to 32-6D-11.
| Rule | What South Dakota law says | Source |
|---|---|---|
| Statute | S.D. Codified Laws §§ 32-6D-1 to 32-6D-11 | SDCL 32-6D-1 |
| Vehicles covered | New or previously untitled self-propelled highway vehicles used in substantial part for personal, family or household purposes; All-terrain vehicles with 4 or more wheels and an engine of 200 cc or more | |
| Not covered | Motor homes; Vehicles with a GVWR of 15,000 lbs or more; Electric bicycles and multi-passenger quadricycles | |
| Protection window | Report the defect in the lemon law rights period (1 year or 12,000 miles); repairs then count through 24 months or 24,000 miles | SDCL 32-6D-1(3), 32-6D-5 |
| Four Repairs Plus Final Attempt Test | 4 or more repair attempts for the same condition, at least one in the rights period, plus a final attempt by the manufacturer, and it continues | SDCL 32-6D-5(1) |
| 30 Days Out of Service Test | Out of service in the custody of the manufacturer or dealer (including the final attempt) a cumulative total of 30 calendar days, one repair in the rights period | SDCL 32-6D-5(2) |
| Written notice | Before suing, send the manufacturer notice of the nonconforming condition by certified mail, describing the vehicle, the condition and every earlier repair attempt (who made it and when), and demand repair. If a presumption has already arisen, the manufacturer gets a final chance: it must name a reasonably accessible repair facility within 7 days and fix the vehicle within 14 days of delivery. | SDCL 32-6D-1(8), 32-6D-6 |
| Dispute program first? | If the manufacturer has an informal dispute procedure conducted within South Dakota that complies with federal rules, you must exhaust it before suing (SDCL 32-6D-6). | |
| Deadline | Start an action within 3 years following the date of original delivery | SDCL 32-6D-11 |
| Usage deduction | full purchase price × miles traveled before the first report ÷ 100,000 | SDCL 32-6D-4 |
Four repairs plus a final attempt in South Dakota
South Dakota presumes reasonable attempts when, within 24 months or 24,000 miles of delivery, with at least one repair in the lemon law rights period:
Four Repairs Plus Final Attempt Test
4 or more repair attempts for the same condition, at least one in the rights period, plus a final attempt by the manufacturer, and it continues.
SDCL 32-6D-5(1)30 Days Out of Service Test
Out of service in the custody of the manufacturer or dealer (including the final attempt) a cumulative total of 30 calendar days, one repair in the rights period.
SDCL 32-6D-5(2)The condition must significantly impair the use, value or safety of the vehicle and arise from ordinary use, not abuse, neglect, unauthorized changes or accident damage after delivery.
Notice to the manufacturer in South Dakota
Before suing, send the manufacturer notice of the nonconforming condition by certified mail, describing the vehicle, the condition and every earlier repair attempt (who made it and when), and demand repair. If a presumption has already arisen, the manufacturer gets a final chance: it must name a reasonably accessible repair facility within 7 days and fix the vehicle within 14 days of delivery.
In South Dakota the manufacturer must get certified-mail notice and a final repair attempt.
Dispute program first. If the manufacturer has an informal dispute procedure conducted within South Dakota that complies with federal rules, you must exhaust it before suing (SDCL 32-6D-6).
The notice must describe the vehicle, the condition and every earlier repair attempt, naming who made it and when (SDCL 32-6D-1(8)).
South Dakota’s 3-year deadline
Start an action within 3 years following the date of original delivery (SDCL 32-6D-11).
| Event | Date | Effect |
|---|---|---|
| Vehicle delivered | Mar 15, 2025 | The protection window starts |
| Protection window ends | March 15, 2027 | Repairs after this date do not count toward the tests |
| Sue by | March 15, 2028 | Start an action within 3 years following the date of original delivery |
How to file a South Dakota lemon law claim
- Report the defect in the rights periodDeliver the vehicle to the manufacturer or dealer and give notice within 1 year or 12,000 miles.
- Keep every repair orderRepairs count through 24 months or 24,000 miles.
- Send certified-mail noticeDescribe the vehicle, the condition and every repair attempt, and demand repair.
- Allow the final attemptThe manufacturer names a facility within 7 days and has 14 days to fix it.
- Use the in-state dispute procedure, then sueWithin 3 years of delivery. A consumer may recover attorney fees.
Refund, replacement and the South Dakota deduction for use
| Remedy | What it includes |
|---|---|
| Replacement | A comparable new vehicle through the dealer, plus a refund of collateral charges, at your option. |
| Refund | The full contract price (including undercoating, dealer preparation, transportation and installed options, plus non-refundable extended warranties and service contracts), collateral charges, finance charges after your first report, and incidental damages, less the allowance for use. |
How the South Dakota deduction for use is calculated
full purchase price × miles traveled before the first report ÷ 100,000 (SDCL 32-6D-4).
| Step | Math | Amount |
|---|---|---|
| Purchase price | — | $36,000.00 |
| Deduction for use | 6,000 miles before the first report × $36,000 ÷ 100,000 | −$2,160.00 |
| Refund before taxes, fees and other charges | Those are added under the rules above | $33,840.00 |
South Dakota’s two clocks
| Clock | Ends | What must happen |
|---|---|---|
| Lemon law rights period | March 15, 2026 or 12,000 miles | The defect first occurs and you report it; at least one repair |
| Repair-count period | March 15, 2027 or 24,000 miles | The 4 repairs plus the final attempt, or the 30 days |
| Lawsuit deadline | March 15, 2028 | File within 3 years of delivery |
ATVs and other covered vehicles
| Vehicle | Covered? |
|---|---|
| Self-propelled highway vehicles | Yes |
| All-terrain vehicles with 4+ wheels and an engine of 200 cc or more | Yes |
| Motor homes | No |
| Vehicles with a GVWR of 15,000 lbs or more | No |
| Electric bicycles and multi-passenger quadricycles | No |
A returned vehicle’s title is branded: “This vehicle was returned to the manufacturer because it did not conform to its warranty.”
Used vehicles in South Dakota
South Dakota defines the consumer as the purchaser of a new or previously untitled vehicle. The chapter covers new or previously untitled vehicles.
South Dakota defines the consumer as the purchaser of a new or previously untitled vehicle, so used-vehicle buyers rely on any remaining warranty and federal Magnuson-Moss law.
To test your own dates and repair visits, see if your South Dakota vehicle qualifies with our checker.
South Dakota Lemon Law FAQs
What qualifies as a lemon in South Dakota?
A new vehicle with a condition that first appears in the first year or 12,000 miles and is not fixed after 4 repairs plus a final attempt, or 30 days out of service, within 24 months or 24,000 miles.
How long do I have to file a lemon law claim in South Dakota?
Within 3 years following the date of original delivery (SDCL 32-6D-11).
Does the South Dakota lemon law cover ATVs?
Yes, all-terrain vehicles with four or more wheels and an engine of 200 cc or more.
How is the South Dakota lemon law refund calculated?
The contract price, collateral charges, later finance charges and incidental damages, minus price × miles before your first report ÷ 100,000.
Who chooses refund or replacement in South Dakota?
You do. SDCL 32-6D-3 gives the consumer the option.
Sources
Checked on October 13, 2026. We re-verify South Dakota rules when the legislature, the courts or the agency change them. Read how we check every rule in our editorial policy.