South Dakota Lemon Laws

South Dakota lemon laws are dealt with in South Dakota Statutes, Title 32, Chapter 32-6D (Manufacturer’s Warranty) Section 32-6D-1 et seq.  A motor vehicle is defective if it does not conform to any express warranty which significantly impairs the use, value, or safety of vehicle.  The prescribed time limit for manufacturer repair is within the first twelve thousand miles of operation or during the period of one year following the date of delivery of the motor vehicle to the original purchaser.  This time limit is prescribed in Section 32-6D-1.  However, the obligation to repair does not extend beyond the period of two years or twenty four thousand miles of operation following the date of delivery of the motor vehicle, whichever occurs first.

Certain remedies are available to the consumer if the manufacturer fails to conform the vehicle to any express warranty by repairing or correcting any nonconformity, defect, or condition, after a reasonable number of attempts.  The manufacturer should either replace the motor vehicle with a comparable new motor vehicle, or accept return of the motor vehicle from the consumer and refund to the consumer.  The remedy of refund includes the full contract price paid, including all incidental charges and fees.  The consumer has the option to choose from either of the two remedies.  The remedies are enumerated under Section 32-6D-3.

S.D. Codified Laws § 32-6D-1

(7) “Nonconforming condition,” any condition of a motor vehicle which is not in conformity with the terms of any express warranty issued by the manufacturer to a consumer and which significantly impairs the use, value or safety of the motor vehicle and occurs or arises solely in the course of the ordinary use of the motor vehicle, and which does not arise or occur as a result of abuse, neglect, modification or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after the motor vehicle was delivered by an authorized dealer to the consumer.

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S.D. Codified Laws § 32-6D-1

(3) “Lemon law rights period,” the period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first twelve thousand miles of operation, whichever first occurs;
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S.D. Codified Laws § 32-6D-2

If a new motor vehicle does not conform to any applicable express warranty and the consumer delivers the motor vehicle to the manufacturer or its authorized dealer and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the motor vehicle shall make the necessary repairs to the motor vehicle to remedy any such nonconforming condition. The repairs are required even after the expiration of the lemon law rights period if notice of the nonconforming condition was first given during the lemon law rights period. However, the manufacturer’s obligation to repair the nonconforming condition does not extend beyond the period of twenty-four months following delivery of the vehicle or twenty-four thousand miles, whichever occurs first.

S.D. Codified Laws § 32-6D-3

If, after reasonable attempts, the manufacturer or its authorized dealer is unable to conform the motor vehicle to any express warranty by repairing or correcting a nonconforming condition of the motor vehicle which first occurred during the lemon law rights period, the manufacturer shall, through its authorized dealer, at the option of the consumer, replace the motor vehicle with a comparable new motor vehicle and shall refund the customer all collateral charges, including excise tax, license, and registration fees and similar government charges or shall accept return of the vehicle from the consumer and refund to the consumer
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Inside South Dakota Lemon Laws