The Lemon Law
SDCL § 32-6D-3 — a defect first reported in the first year or twelve thousand miles, four repair attempts or thirty days out of service, and a replacement or refund
The lemon law rights period ends one year after delivery of a new vehicle or after its first twelve thousand miles, whichever comes first. A defect reported in that period is repaired by the manufacturer, even after it ends.
- The same defect was subject to repair four or more times, plus a final attempt by the manufacturer, and continues.
- The vehicle was out of service for repairs a cumulative total of thirty calendar days.
Either, within twenty-four months or twenty-four thousand miles, is presumed to be reasonable attempts.
The owner chooses. If the defect cannot be fixed, the manufacturer, at the consumer's option, replaces the vehicle or takes it back and refunds the full contract price, collateral charges, finance charges and incidental damages.
An action against the manufacturer is brought within three years of the original delivery.
A particular vehicle is a question for a licensed South Dakota attorney.
Sources for this section (5)
- SDCL § 32-6D-1 — Definitions
- SDCL § 32-6D-2 — Notice of nonconforming condition; Timeliness; Obligation to repair
- SDCL § 32-6D-3 — Replacement of irreparable vehicle; Refund
- SDCL § 32-6D-5 — Reasonable attempts to correct nonconforming condition
- SDCL § 32-6D-11 — Time limit for action
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.