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South Dakota

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,

32-6D-4).

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-

6D-10).

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

(§ 32-6D-6).

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).