STANDARDS OF THE SOUTH DAKOTA LEMON LAW
The following is a brief explanation of most relevant provisions of the South Dakota
lemon law. The complete text of the lemon law can be found at S.D. Codified Laws Ann.
§ 32-6D-1 et seq.
The South Dakota lemon law covers any motor vehicle intended primarily for use and
operation on the public highways.
The lemon law appears to cover used vehicles, but does not cover motor homes or
vehicles with a manufacturer’s gross vehicle weight rating of 10,000 pounds or more.
The lemon law covers the following “consumers”:
1. The purchaser, for purposes other than resale, of a new or previously untitled motor
vehicle used in substantial part for personal, family or household purposes; and
2. Any other person entitled by the terms of the warranty to enforce its obligations.
The lemon law appears not to cover a lessee.
The lemon law does not apply to vehicle converters.
The lemon law covers any “nonconforming condition”, which it defines as any condition
of a motor vehicle that:
1. Is not in conformity with the terms of an express warranty issued by the
manufacturer to a consumer;
2. Significantly impairs the use, value or safety of the motor vehicle; and
3. Occurs or arises solely in the course of the ordinary use of the motor vehicle.
The lemon law does not cover any condition that arises or occurs as a result of abuse,
neglect, modification or alteration of the motor vehicle not authorized by the
manufacturer, or from any accident or other damage to the motor vehicle that occurs or
arises after the motor vehicle was delivered by an authorized dealer to the consumer.
More at: http://www.bbb.org/us/auto-line/state-lemon-laws/