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South Dakota lemon law: when your car is a lemon and how to claim

In South Dakota, a new car counts as a lemon after 4 repairs for the same problem or 30 calendar days in the shop within the first 12 months or 12,000 miles. First, send the manufacturer a written notice: the free letter below does it.

Checked against official sources: Oct 22, 2026

12 mo / 12,000 milemon law period
4 triesrepairs for the same problem
30 calendar daysout of service
Maybecheck your warranty booklet for an arbitration program (e.g. BBB AUTO LINE)
3 years from deliverydeadline to sue or file
Get your letter ↓

Your next 4 steps in South Dakota

  1. Keep every repair order

    Get a written repair order at every visit, with the date, mileage and days in the shop. In South Dakota, a car is presumed a lemon after 4 repairs for the same problem or 30 calendar days in the shop.

  2. Send the manufacturer a written notice

    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. Write your notice letter ↓

  3. Let the manufacturer make its final repair attempt

    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).

  4. Ask for a refund or replacement, use arbitration, or call a lawyer

    If your manufacturer has a dispute program that meets the state’s rules (check your warranty booklet), you may have to use it first. See the Arbitration section below. If you win, the court can make the manufacturer pay your lawyer (see What you can get), so many lemon law lawyers charge nothing up front.

When a car is a lemon in South Dakota

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.

Is your car a lemon in South Dakota? A quick check

South Dakota: 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.

Fill in what you knowThe result updates as you type.

A rough guide to South Dakota’s presumption, not legal advice. Even if your car falls short, you may still have a claim under your warranty or federal law.

Notice to the manufacturer

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).

Write your notice letter below.

Arbitration

Maybe — check your warranty booklet for an arbitration program (e.g. BBB AUTO LINE). 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.

Deadline to sue or file in South Dakota

You must sue within 3 years of the date of original delivery (S.D. Codified Laws § 32-6D-11).

Enter the delivery date to see the date.

What you can get

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: If the manufacturer breached its duties, you may also recover reasonable attorney fees (§ 32-6D-8).

Free lemon law notice letter

Most states require you to tell the manufacturer in writing and give it a last chance to fix the car. Fill this in, download the letter, sign it and mail it to the manufacturer. Keep a copy.

South Dakota law says to send this notice by certified mail, return receipt requested. Keep the receipt.

On your registration, insurance card or the driver’s side of the dashboard. A VIN never uses I, O or Q.

Find it in your warranty booklet or owner's manual (look for 'Customer Assistance').

Other formats

Who to contact

Office
South Dakota Attorney General, Division of Consumer Protection
Phone
800-300-1986

Official page · Official lemon law guide

What the law covers

New vehicles
Yes
Used vehicles
No
Leased vehicles
Not specified
Which vehicles
New or previously untitled self-propelled vehicles meant for public roads, including all-terrain vehicles with 4 or more wheels and an engine of 200cc or more. Excludes motor homes, vehicles with a manufacturer's gross vehicle weight rating of 15,000 lb or more, electric bicycles and multi-passenger quadricycles. The vehicle must be used in substantial part for personal, family or household purposes.
Who can claim
The buyer (not for resale) who is entitled to enforce the manufacturer's warranty.

Used cars in South Dakota

The Attorney General's office says the lemon law covers new vehicles only.

Used car rules in every state

Good to know

  • Four-wheel ATVs with engines of 200cc or more are covered (§ 32-6D-1(5)).
  • Returned lemons get a title brand: 'This vehicle was returned to the manufacturer because it did not conform to its warranty' (§ 32-6D-9).
  • The Attorney General advises asking for a repair order on every visit; undocumented visits can't count toward the lemon law.

Questions about South Dakota's lemon law

How many repair attempts make a car a lemon in South Dakota?

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.

How long does South Dakota's lemon law cover a car?

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.

Do I have to notify the manufacturer in South Dakota?

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).

Do I have to go to arbitration in South Dakota?

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.

What can I get under South Dakota's lemon law?

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.

Is there a deadline to file a lemon law claim in South Dakota?

You must sue within 3 years of the date of original delivery (S.D. Codified Laws § 32-6D-11).

Does South Dakota's lemon law cover used cars?

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

Sources

Last checked: Oct 22, 2026.

Law: South Dakota Lemon Law (Manufacturer's Warranty), S.D. Codified Laws §§ 32-6D-1 to 32-6D-11

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