South Dakota's lemon law and your rights as a buyer

What the lemon law protects, what it doesn't, and what rights you keep when you buy used. With the state's exact deadlines.

This guide summarizes the recorded scope for South Dakota (SDCL chapter 32-6D (Manufacturer's Warranty)). Eligibility, deadlines and notice requirements depend on the law and applicable coverage; read the state conditions below, including used-vehicle conditions where relevant.

What it covers

New or previously untitled vehicles, bought (not for resale) and used substantially for personal, family or household purposes, with a warranty defect that significantly impairs use, value or safety. Includes ATVs with 4+ wheels and 200 cc or more.

Rights period: 1 year or 12,000 miles from delivery to the first owner, whichever comes first (the "lemon law rights period"). The maker must repair problems reported in that period, up to 24 months or 24,000 miles.

When it is presumed a lemon

Within 24 months or 24,000 miles: the same defect had 4 or more repair attempts (at least one within the first year/12,000 miles), plus a final attempt by the maker, and it continues; or the car was out of service and in the custody of the maker or an authorized dealer for repair attempts, including the final attempt, for a cumulative 30 calendar days, with one of those attempts inside the first year or 12,000 miles.

The presumption does not replace the other requirements. Check the official conditions and procedure for your situation.

The process

Send the written notice to the maker by certified mail: the law requires that form of mailing (SDCL 32-6D-6). Within 7 days it names a repair shop and then has 14 days for the final attempt. If the maker has an informal dispute program in the state, you must use it first. South Dakota has no state arbitration board: the next step is a civil lawsuit, within 3 years of original delivery; you may recover attorney fees. The claim is against the maker, not the dealer: the law says this chapter imposes no liability on the dealer and gives you no cause of action against the dealer (SDCL 32-6D-10).

Who handles it: South Dakota Attorney General — Division of Consumer Protection.

Hotline: 1-800-300-1986 (solo en SD) · 605-773-4400.

What you get if you win

Replacement with a comparable new car or refund of the full contract price, at the consumer's choice, including installed options, dealer preparation, transportation and the nonrefundable portions of extended warranties and service contracts, plus tax, registration and other government charges, finance charges since the first report, and alternate transportation. Use is deducted: price × miles before the first report ÷ 100,000.

What it does not cover

Used cars; defects from abuse, neglect, unauthorized modifications or accidents after delivery; motor homes; vehicles with a manufacturer's gross vehicle weight rating of 15,000 lb or more; electric bicycles; multi-passenger quadricycles; vehicles that are not self-propelled or not intended primarily for the highway; purchases for resale. Motorcycles and light pickups are covered (SDCL 32-6D-1(5) and the South Dakota Attorney General).

I bought used: what do I have left

More than it seems, even if it isn't the lemon law:

• The Buyers Guide (FTC). The guide states the dealer warranty. "As Is" describes that warranty; it does not by itself resolve other state-law rights or remaining manufacturer coverage. The federal rule applies in 48 states (Maine and Wisconsin have their own equivalent rules). If the sale is conducted in Spanish, the dealer must post a Spanish-language Buyers Guide.
• Remaining manufacturer warranty. Check the warranty contract and its duration and transfer conditions; vehicle age does not guarantee coverage.
• In South Dakota: There is no used-car lemon law. Used cars are sold "AS-IS" unless factory warranty remains or the dealer gives its own warranty in writing. The dealer must list the price, the trade-in and every fee on the contract, and explain them. Mandatory salvage sticker with a 10-day return right (SDCL 32-3-51.18); odometer on the title (32-3-30.1); the seller, dealer or private party, must deliver the title to you within 45 days and failing to do so is a Class 2 misdemeanor (SDCL 32-3-7), while the Attorney General says you should receive it within 30 days: count 30 days and follow up if it does not arrive; deceptive practices law (SDCL 37-24-6), with complaints to the Attorney General.