Get Compensation for Your Defective Vehicle
South Dakota’s Lemon Law protects consumers who purchase defective vehicles by ensuring they are entitled to a refund or replacement, and a South Dakota Lemon Law Attorney can help you understand whether your situation qualifies and what steps to take next.
“Lemon Law protects owners and lessees of vehicles with persistent defects.” –– Joseph Novel, Esq.
founding attorney
Full refund, incl. taxes, fees, & remaining loan balance.
You’ll receive a new car of equal value.
Under the South Dakota Lemon Law, a vehicle qualifies as a lemon when it has a nonconforming condition that significantly impairs its use, value, or safety, and the manufacturer has been unable to fix it after a reasonable number of attempts. The defect must first appear and be reported during the “lemon law rights period,” which is defined in South Dakota Lemon Law 32-6D-1 as the first year or 12,000 miles after original delivery, whichever comes first. If your vehicle keeps having the same unresolved problem within that window, the South Dakota Lemon Law may give you the right to a replacement or refund.
The South Dakota Lemon Law presumes a reasonable number of attempts have been made if the same defect has been repaired 4 or more times without being resolved, or if the vehicle has been out of service for a cumulative 30 or more calendar days. Both thresholds are spelled out in South Dakota Lemon Law 32-6D-5, and at least one repair attempt must have occurred during the lemon law rights period. Keep every repair order you receive, because that documentation is what builds your case under the South Dakota Lemon Law.
If your vehicle qualifies, the South Dakota Lemon Law entitles you to either a comparable replacement vehicle or a full refund, including the contract price, collateral charges like taxes and registration fees, finance charges incurred after reporting the defect, and reasonable costs for alternative transportation while your vehicle was out of service. A reasonable allowance for your use of the vehicle will be offset against any refund. The South Dakota Lemon Law is designed to make you whole, so don’t settle for less than what you’re owed.
The South Dakota Lemon Law is generally limited to new or previously untitled motor vehicles purchased primarily for personal, family, or household use. If the defect appeared and was reported while the manufacturer’s express warranty was still active, there may still be a path forward, but warranty status is the key factor. If you’re unsure whether your vehicle qualifies, a South Dakota Lemon Law attorney can help you evaluate your situation.
Yes, and sooner is better. The South Dakota Lemon Law requires you to send written notice of the defect to the manufacturer by certified mail before you can file a civil action, and missing that step can hurt your claim. An attorney familiar with the South Dakota Lemon Law can make sure your notice is properly drafted, your documentation is in order, and your case is positioned as strongly as possible from the start.
