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No Attorney’s Fees Unless We Recover · Under S.D. Codified Laws §32-6D-1 to §32-6D-11 South Dakota Lemon Law

South Dakota Lemon Law Attorneys

You Can Get a Cash Settlement, a Replacement Car, or a Refund with Easy Lemon

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2022 or Newer Vehicles
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$30M+**
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The 60-second answer

The South Dakota Lemon Law (S.D. Codified Laws §32-6D-1 to §32-6D-11) requires manufacturers to repurchase or replace a new motor vehicle with a substantial defect after 4 repair attempts for the same defect or 30 cumulative calendar days out of service. Under this statute, the manufacturer pays the consumer's attorney fees when the consumer prevails, no attorney fees unless we recover for you. Easy Lemon represents South Dakota drivers at every stage.

Steven Nassi

How your South Dakota claim gets built

Our lemon law work is directed by Steven P. Nassi, Esq., Managing Partner, Easy Lemon by RockPoint Law P.C. A South Dakota claim gets built on two things: the South Dakota lemon law statute, and the federal Magnuson-Moss Warranty Act, which applies in all fifty states. Send the repair orders and the purchase or lease paperwork, and we can tell you which of the two fits your vehicle.

Read Steven Nassi’s full bio →
Warning Signs

Is Your Car a Lemon?

Your car may be a lemon if it keeps going back to the dealer or the mechanic for the same problem. Under South Dakota law, the defect must make the car unsafe, unreliable or worth much less. The manufacturer or dealer must also have failed to fix it after several tries.

The same noise, shaking or warning light keeps coming back.

The dealer has worked on it multiple times and the problem is still there.

Your Rights

Understanding South Dakota's Lemon Law

South Dakota's Lemon Law is found at S.D. Codified Laws §32-6D-1 to §32-6D-11 and sets the rules for defective new vehicles in the state.

Statute
S.D. Codified Laws §32-6D-1 to §32-6D-11, South Dakota Lemon Law - Motor Vehicle Warranties
Eligible Vehicles
New & leased vehicles within South Dakota's eligibility period
Repair Threshold
4 repair attempts OR 30+ days out of service
Remedies
Full refund, replacement, or cash settlement
Attorney Fees
Manufacturer can be ordered to pay attorney fees
Arbitration
Varies by state, we review what applies to your case
All within South Dakota's eligibility period (Within 3 years following the date of original delivery of the vehicle to the consumer). South Dakota law entitles you to a full refund, replacement vehicle, or cash settlement. No attorney fees unless we recover for you, in qualifying claims the manufacturer pays attorney fees.
The Process

How South Dakota's Lemon Law Process Works

1

Document Your Repairs

Ask for a repair order every time you visit a South Dakota dealer, even if the technician finds nothing. Under S.D. Codified Laws §32-6D-1 to §32-6D-11, these papers prove your repair attempts. Keep every receipt and work order.

2

Contact Easy Lemon

Send us your records. We check your repair history against South Dakota's statute and tell you if your car qualifies as a lemon. The consultation is free, with no obligation.

3

We File Your Claim

We prepare the claim and handle the paperwork. This includes any notice to the manufacturer that S.D. Codified Laws §32-6D-1 to §32-6D-11 requires.

4

Manufacturer Response

If South Dakota law gives the manufacturer a final repair attempt, it gets one. If the defect remains, South Dakota law entitles you to relief. Most claims then move toward settlement.

5

Get Compensated

You receive a refund, a replacement vehicle or a cash settlement. No attorney fees unless we recover for you.

Our Edge

Why Choose Us for Lemon Law?

Past Results

We've recovered over $30 million for our clients by securing refunds, cash settlements, and replacements.

Client-Centered Approach

We receive positive feedback from clients we have represented.

Fee-Shift Representation

S.D. Codified Laws §32-6D-1 to §32-6D-11 lets a consumer who prevails recover attorney fees. No fee unless we recover compensation.

Focused Results

We know the stress defective vehicles bring, so we simplify the process for you.

At Easy Lemon, your success is our mission. Let us simplify the process and get you the justice you deserve.

Actual Settlements

South Dakota Lemon Law Results

These are actual settlements obtained by the firm, shown because we do not yet have enough resolved matters in South Dakota to report state-level figures. Prior results do not guarantee or predict a similar outcome; every case is different. See our recent settlements page for more.

$140,242
Florida

Buyback settlement

$120,514
Florida

Defect: a recurring defect

$119,218
Florida

Defect: electrical/ technology

$111,200
Florida

Defect: brake/ steering/ suspension

$110,122
Texas

Defect: electrical/ technology

$103,592
2024 Mercedes Benz Truck Glc300
Result

Defect: electrical/ technology

Results may vary. Prior outcomes do not guarantee a similar result. Each case is unique and depends on its specific facts and applicable law.

What You're Entitled To

What The Manufacturer May Owe You

Refund

You get your purchase price back, including taxes and fees, minus any use deduction South Dakota law allows.

Cash Settlement

You receive a payment for the unresolved defect and keep your car.

Vehicle Replacement

You get a comparable new vehicle in place of the defective one, at no extra cost.

Meet Our Team

Meet Our Legal Team

Our lawyers are only permitted to practice law in the jurisdictions in which they are licensed or have been authorized to practice.

Real Results. Real Stories.

What Our Clients Say

About the South Dakota Lemon Law

Answers anchored to S.D. Codified Laws §32-6D-1 to §32-6D-11, the statute that governs lemon law claims in South Dakota.

Does South Dakota have a lemon law? +
Yes, South Dakota's lemon law is S.D. Codified Laws §32-6D-1 to §32-6D-11, the Motor Vehicle Warranties chapter, and it covers new motor vehicles purchased or leased in South Dakota for personal, family, or household use. The law is the same in Rapid City as it is in Aberdeen, Brookings, Watertown or Pierre, from Sioux Falls to the Black Hills. When a new car's defect survives the repairs the law counts, the owner can ask the manufacturer for a replacement vehicle or a full refund, and the refund comes minus a reasonable use offset.
How many repair attempts make a car a lemon in South Dakota? +
South Dakota requires 4 repair attempts for the same defect, or 30 cumulative calendar days out of service. The defect also has to substantially impair the use, market value or safety of the vehicle. Some owners ask whether a brake problem gets fewer visits, but chapter 32-6D provides no reduced-attempt route for safety-related defects. So failing brakes go through the same 4 attempts, or 30 cumulative calendar days out of service, as any other covered defect.
What is the South Dakota lemon law time frame? +
The South Dakota lemon law rights period is 1 year or 12,000 miles from delivery. But the repair-attempt presumption reaches further, to 24 months or 24,000 miles, and the deadline to file is later still, within 3 years following the date of original delivery of the vehicle to the consumer. We read the delivery date off your purchase or lease contract. Notice rules and a separate statute of limitation can apply too, so we'd rather see the paperwork early than late.
Does the South Dakota lemon law cover used vehicles? +
A used vehicle usually falls outside the South Dakota lemon law, which is written for new motor vehicles purchased or leased in the state. But a used car can still have a claim under the federal Magnuson-Moss Warranty Act, or under another consumer statute, if the defect showed up while the manufacturer's warranty was active. So we ask used-car owners for their warranty papers too, along with the repair orders.
Is a leased car covered by the lemon law in SD? +
Yes, a new car leased in South Dakota is covered like one purchased there, as long as it's for personal, family, or household use.
Will I need to go to court in South Dakota? +
Probably not, since most of the lemon law cases we handle settle with the manufacturer before a lawsuit is filed. One thing can come before court, though. When the manufacturer runs an informal dispute program in South Dakota and it complies with federal rules, you have to complete it first, and we do that filing for you.
What can I get if my car is a lemon in South Dakota? +
The statute gives two remedies, a replacement vehicle or a full refund, and the refund comes minus a reasonable use offset for the miles you drove. A cash settlement comes out of negotiating with the manufacturer instead, and then you keep the car. Which remedy we go after depends on South Dakota law, the facts, your choice and the negotiations.
Who pays the attorney's fees in a South Dakota lemon law case? +
The manufacturer can end up paying them, because in South Dakota a consumer who prevails may recover attorney fees. Federal law gives a second route when a written warranty is breached, under the Magnuson-Moss Warranty Act (15 U.S.C. §2310(d)). We take South Dakota cases on contingency, which means nothing upfront and no attorney's fee unless we recover for you. When a manufacturer settles or loses, we ask it to pay our fees in addition to your recovery. Our fee agreement is one page, and we go over it with you on the first call.
Do I need a lemon law attorney in South Dakota? +
Nobody has to hire one, and some people do bring the claim themselves, but the manufacturer will have its own legal team. A lemon law lawyer knows what South Dakota law requires, from the certified-mail notice to the manufacturer's final opportunity to cure, and how the negotiation and the litigation work. And if you prevail, the fees can come back from the manufacturer, while Magnuson-Moss has its own rule in 15 U.S.C. §2310(d)(2). It's your decision.
Is there a lemon law lawyer near me in Sioux Falls or Rapid City? +
We don't have an office in South Dakota, but our lemon law lawyers take Sioux Falls and Rapid City cases by phone, email and e-signature. The offices are in Manhasset NY, Newark NJ, Miami FL and Dallas TX, and someone in Mitchell, Yankton or Huron rarely needs to come to one. The statute doesn't make you appear anywhere to open a claim. You upload the repair orders, the contract and the warranty booklet, we send the written demand, and a copy of every letter comes back to you. There's one attorney assigned to you, with a direct line. Our lawyers practice only in the jurisdictions where they are licensed or have been authorized to practice.
How experienced is Easy Lemon? +
Our attorneys have 25+ years of combined experience between them. Ron Kaniuk, our Florida managing partner, has practiced law since 1997. Easy Lemon started in 2024 as a consumer brand of RockPoint Law P.C., and the firm has represented 1,500+ clients in vehicle warranty disputes. There aren't enough resolved South Dakota matters yet to report figures for this state, which is why the results above come from Florida, Texas and other states, with case studies on easylemon.com.

Frequently Asked Questions

How do I start a lemon law claim in South Dakota? +
A South Dakota lemon law claim starts with a call to 855-435-3666 or the free case review form at easylemon.com, and once we've heard what happened, we ask for the repair orders. A Connecticut client sent us four of them for a 2025 Audi Q5 bought new in Wallingford with 32 miles on it, and by 8,008 miles it was back at the dealer. The dealer replaced the fuel filler cap. It kept popping off. The dealer did the same Audi service action twice, and then the check engine light came back after a remote software update. Later the car lost power and had to be towed in, which all came to 34 days out of service over four months. For a South Dakota car we hold orders like those up against the 4 attempts and the 30 days. If they reach either one, we send notice to the manufacturer by certified mail, and it gets a final opportunity to cure. If the manufacturer runs a dispute program in South Dakota that complies with federal rules, you have to complete it before going to court. The demand and the negotiating are done mostly by phone and email.
Do days in the shop count as much as repair visits? +
Days in the shop are a route of their own in South Dakota, where 30 cumulative calendar days out of service can qualify a car without 4 repair attempts. A 2024 Audi Q8 e-tron in Texas only went in three times, but it was out of service 166 days. Coolant leaked from its rear motor into the housing. The dealer put in a new motor. Then the cruise control, the turn signals and the rear light bar started failing.
What if the dealer says it can't find the problem? +
You still want the repair order, even when the technician finds nothing. A South Florida couple heard a noise from the back of their Kia Telluride and took it to the dealer, and the technician couldn't find it. They went back. They went back twice more after that, and still nobody could say what it was. By the time they called us the car had been out of service more than 40 days, and Kia ended up buying it back. An intermittent defect can qualify under South Dakota law too if it substantially impairs the vehicle, and we build the proof from the repair records, what you tell us and sometimes a technical expert.
How long does a lemon law claim take in South Dakota? +
Some claims settle within weeks and others take months, especially when the manufacturer wants its own inspection of the car. Most of the South Dakota cases we handle settle at the written-demand stage, without a lawsuit, although a manufacturer's dispute program, when one applies, runs on its own schedule. It helps to call us once you're close to 4 repair attempts for the same defect, well before the 3 years run out. The repairs come first, though, and those can drag on, like the three visits on the Audi Q8 e-tron from Texas.
Can I get a full refund, or keep my car with a cash settlement? +
A buyback gets you the purchase price back, plus certain fees, less a use offset, and a cash settlement lets you keep the car and get paid for the defect. A 2025 Toyota Tundra leased in North Dakota on April 22, 2025 had 4 miles on the odometer. A few weeks later the check engine light was on, and so was the parking brake warning. Then the misfires started in cylinder 6 and wouldn't go away. Toyota said to replace the short block, and the injectors, gaskets, spark plugs and valves as well. The truck sat in the shop 135 days, and it was bought back for $53,364.14. Our Connecticut client's Audi Q5 was bought back too, for $43,451.81. The firm-wide results higher on this page run from $103,592 to $140,242. Past results do not guarantee a similar outcome.
Do you take cases against every manufacturer? +
We take cases against domestic and foreign brands, and our published results include Tesla, Audi, GMC, Chevrolet, Toyota, Kia and Jeep in several states, the 2023 GMC Hummer EV from Texas among them. A 2024 Tesla Cybertruck in New York had 15 miles on it at delivery. Then it started losing brake pressure. It went back to Tesla service five times, 19 days out of service in all, and Tesla tried to fix the brakes four times before it bought the truck back. When a manufacturer won't cooperate, our attorneys negotiate first and litigate when they have to.
What if my car doesn't meet the South Dakota repair count? +
Other laws may still give you a claim. Breach of warranty claims, the Magnuson-Moss Warranty Act and South Dakota's unfair trade practices and consumer protection statutes can each reach a defect that falls short of 4 attempts or 30 cumulative calendar days out of service. The UCC implied warranties are another. If a merchant sold you the car, used ones included, UCC §2-314 gives an implied warranty of merchantability, and that bar is lower than the lemon law's substantial impairment. UCC §2-315 only matters if you relied on the seller's advice for a particular use, like towing. Whichever route we take, there's no attorney's fee if the case doesn't succeed.
Can I still file if my warranty has expired? +
Whether you can still file depends on when the defect was first reported. A defect written up while the warranty was still active can support a claim after the coverage ends, so we go looking for the oldest repair order that mentions it. The South Dakota deadline itself doesn't move: within 3 years following the date of original delivery of the vehicle to the consumer. Claims that fail usually fail because the defect was first reported after that deadline, or because it isn't in the repair orders at all. Magnuson-Moss can also reach defects outside the South Dakota lemon law period.

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Arbitration Board

South Dakota Lemon Law Arbitration

South Dakota makes the consumer complete the manufacturer's informal dispute program first, but only if the manufacturer runs one in South Dakota and it complies with federal rules. Whether it does is the first thing we look up on a South Dakota file, and there's more on how these programs work in our lemon law FAQ.

Jurisdiction

When can a South Dakota program hear my case?

A program takes the case once the repair history meets the threshold of 4 repair attempts for the same defect or 30 cumulative calendar days out of service, and after the written notice by certified mail that the statute makes a prerequisite. We prepare the filing. The repair orders go in with it, along with proof that the notice went out.

Decision

Is the program's decision final?

The manufacturer is often bound by it, but the consumer generally can still go to civil court. Appeal deadlines vary, so it helps to send us the decision the day it arrives. When the program doesn't settle it, either side can file a civil suit, and for someone in Lead that usually means the circuit court of the Fourth Judicial Circuit, which is Lawrence County's general civil trial court.

Timing

How long does a program take?

Each program sets its own timing.

State vs Federal

South Dakota Lemon Law vs Federal Magnuson-Moss

Most South Dakota cases benefit from invoking both statutes, so we review each case under chapter 32-6D and under the federal Magnuson-Moss Warranty Act (15 U.S.C. §2301), and then we lead with the stronger one.

State

South Dakota Lemon Law

South Dakota puts numbers on it, requiring 4 repair attempts for the same defect or 30 cumulative calendar days out of service, but only for new motor vehicles purchased or leased in the state for personal, family, or household use. That's where the repair presumption and the buyback remedy come from, and a consumer who prevails may recover attorney fees.

Federal

Magnuson-Moss Warranty Act

The federal act has no count and just asks for a "reasonable number" of repair attempts, and what counts as reasonable depends on the circumstances. South Dakota's rights period ends at 1 year or 12,000 miles, but the federal time limit goes by how long the express warranty lasts, so the act can also cover defects outside the South Dakota lemon law period. It applies to products sold with a written warranty, and that is why used cars often qualify. Fees fall under 15 U.S.C. §2310(d)(2).

Say you live in Vermillion and bring a Magnuson-Moss claim. Vermillion is in Clay County, where the general civil trial court is the circuit court of the First Judicial Circuit, and federal court is possible in the cases described below.

Practitioner Answers

South Dakota Lemon Law: Statute-Cited Answers

Which South Dakota court hears a lemon law case, from Vermillion to Lead?

Usually the state's court of general jurisdiction, in the South Dakota county where you live or where the car was sold, since S.D. Codified Laws §32-6D-1 to §32-6D-11 lets either side file a civil suit if arbitration doesn't resolve the case. Vermillion is in Clay County, so its general civil trial court is the circuit court of the First Judicial Circuit, and Lead is in Lawrence County, where it is the circuit court of the Fourth Judicial Circuit. Magnuson-Moss claims have one more option, Federal District Court, if damages exceed $50,000 or party diversity permits it (15 U.S.C. §2310(d)(1)). In the end, which court hears a particular case still depends on its facts, the warranty issues involved and the law it is brought under.

What do South Dakota lemon law attorneys need from you?

The repair orders matter most, and that includes the ones from visits where the technician found nothing. After those, the list is short.

  • the purchase or lease contract, with the delivery date the 3-year deadline runs from
  • the warranty booklet
  • emails, texts and letters with the dealer or manufacturer
  • towing, rental and lodging receipts, since those costs are often recoverable

A short log of the date, the mileage and the symptom each time the problem shows up helps too, and so does a VIN lookup for recall notices at nhtsa.gov/recalls.

What defects count under the South Dakota lemon law?

A defect counts when it substantially impairs the use, market value or safety of the vehicle, which §32-6D-1 to §32-6D-11 calls a nonconformity, and scratches and small paint flaws usually don't get there. What we see most often is engine stalling and misfires, transmission shudder or failure, electrical faults that leave warning lights on, brake and steering problems, and driver-assistance (ADAS) systems that brake or drift on their own.

Three days after its owner bought it, at 186 miles, a 2022 Jeep Wrangler we handled in South Carolina started pulling right and vibrating. Later it developed the "death wobble". By 28,280 miles it shook hard at highway speed. It went in for four repair attempts, one of them a recall repair, and the case was resolved on confidential terms.

Do I have to send the manufacturer notice by certified mail?

Yes, South Dakota requires notice of the nonconforming condition by certified mail (SDCL ch. 32-6D), and the manufacturer gets a final opportunity to cure. We draft that letter, send it and follow up with the manufacturer.

How is the mileage offset figured in a South Dakota buyback?

Each state counts the use offset its own way, and manufacturers often figure it as your mileage divided by the car's useful life, usually 100,000 to 120,000 miles, times the purchase price. When they pick a smaller divisor the deduction gets bigger, which is why we check their math against §32-6D-1 to §32-6D-11 before anything is signed. Registration, taxes and finance charges usually come back to you in the refund, and so do towing or rental costs, but attorney fees get paid apart from the buyback.

Statewide Coverage

Serving Drivers Across All of South Dakota

Easy Lemon represents South Dakota consumers from Sioux Falls to the Black Hills. We handle S.D. Codified Laws §32-6D-1 to §32-6D-11 cases remotely, regardless of city or county.

Sioux FallsRapid CityAberdeenBrookingsWatertownMitchellPierreYanktonHuronVermillionAll areas →

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