South Dakota Lemon Law Information
The South Dakota Lemon Law applies when, during the first two (2) years, 24,000 miles, or the end of the warranty (whichever occurs first) following delivery of a new vehicle to the consumer:
- the dealer has attempted to repair the same problem four (4) or more times, with at least the first repair having occured within the first year or 12,000 miles, or
- the vehicle has been out of service due to repair attempts by the dealer for a total of 30 or more calendar days, with at least the first repair attempt having occured within the first year or 12,000 miles.
For the South Dakota lemon law to go into effect, you must notify the manufacturer or the dealer in writing during the first year or 12,000 miles (whichever occurs first) that a problem exists. It's not clear if a standard repair order, where the dealership includes notes about the problem on the repair order, qualifies as a written notice. We have contacted the South Dakota Attorney General for clarification.
South Dakota Lemon Law information » South Dakota Lemon Law Statute, Chapter 32-6D »Helpful Lemon Law Tips
Most states require you to notify the dealer and the manufacturer that you have a Lemon Law claim. Always use Certified Mail with Return Receipt.
If the manufacturer has an informal mediation or dispute resolution process, most states require you to do that first before pursuing litigation. However, you should contact a lawyer immediately.
Most lawyers will not charge you for an initial consultation or legal fees for Lemon Law arbitration. If they decide you have a case, normally the manufacturer is forced to pay your legal costs.