Lemon Law Demand Letter — South Dakota

LEMON LAW DEMAND LETTER

Pursuant to SDCL §§ 32-6D-1 through 32-6D-11 — State of South Dakota

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND OVERNIGHT DELIVERY — SIGNATURE REQUIRED

Date: [__/__/____]

To:

[________________________________] (Manufacturer Name)
ATTN: Customer Relations / Lemon Law Administrator
[________________________________] (Manufacturer Address)
[________________________________] (City, State ZIP)

[________________________________] (Authorized Dealer Name)
ATTN: General Manager / Service Director
[________________________________] (Dealer Address)
[________________________________] (City, SD ZIP)

RE: SOUTH DAKOTA LEMON LAW — FORMAL STATUTORY NOTICE
Consumer: [________________________________]
Vehicle: [____] (Year) [________________________________] (Make/Model/Trim)
VIN: [________________________________]
Purchase/Lease Date: [__/__/____]
Current Mileage: [________________________________]

Dear Sir or Madam:

This firm represents [________________________________] ("Consumer") regarding the above-referenced motor vehicle, which qualifies as a "lemon" under the South Dakota Motor Vehicle Warranties Law, SDCL §§ 32-6D-1 through 32-6D-11. This letter constitutes the pre-suit written notice of a nonconforming condition, sent by certified mail, required by SDCL § 32-6D-6 and a formal demand for repurchase or replacement.

THIS LETTER SATISFIES THE MANDATORY PRE-SUIT WRITTEN-NOTICE REQUIREMENT UNDER SDCL § 32-6D-6. Because the statutory presumption of a reasonable number of repair attempts has arisen, the manufacturer is entitled to one final opportunity to cure following receipt of this notice. Failure to cure the nonconformity within the statutory period will entitle the Consumer to a full refund or replacement vehicle, plus attorney fees under SDCL § 32-6D-8.

I. SOUTH DAKOTA LEMON LAW — STATUTORY FRAMEWORK

A. Two-Tiered Coverage Period

South Dakota's lemon law uses a two-tiered structure that differs from many other states:

Tier 1 — Lemon Law Rights Period (SDCL § 32-6D-1(3)):
The nonconforming condition must first be reported within the earlier of:

• One (1) year from original delivery to the consumer; or
• 12,000 miles of operation,
  whichever occurs first.

Tier 2 — Extended Repair Obligation (SDCL § 32-6D-2):
If the defect was first reported during the Lemon Law Rights Period, the manufacturer's duty to repair extends to the earlier of:

• Twenty-four (24) months from original delivery; or
• 24,000 miles of operation,
  whichever occurs first.

This means the consumer must act promptly to report defects — the initial reporting window is only 12 months or 12,000 miles — but once reported, the manufacturer has until 24 months/24,000 miles to effect a repair before lemon law remedies attach.

B. Covered Vehicles — SDCL § 32-6D-1(5)

"Motor vehicle" means any self-propelled vehicle intended primarily for use and operation on the public highways. The term also expressly includes any all-terrain vehicle with four or more wheels and a combustion engine of 200 cubic centimeters or more (SDCL § 32-6D-1(5)).

Excluded from coverage (SDCL § 32-6D-1(5)):

• Motor homes
• Electric bicycles (as defined in SDCL § 32-20B-9)
• Multi-passenger quadricycles (as defined in SDCL § 32-14-17; added by SL 2024, ch 118, § 7)
• Vehicles with a manufacturer's gross vehicle weight rating (GVWR) of 15,000 pounds or more

Ordinary cars, light pickups, and motorcycles operated on the public highways are not excluded and are covered if within the 15,000-pound GVWR limit.

C. Rebuttable Presumption — SDCL § 32-6D-5

A rebuttable presumption that a reasonable number of repair attempts has been allowed arises if, during the 24 months / 24,000 miles following delivery (whichever first occurs), either of the following occurs:

1. The same nonconforming condition was subject to four (4) or more repair attempts by the manufacturer or its authorized dealers — at least one of which occurred during the Lemon Law Rights Period — plus a final repair attempt by the manufacturer, and the condition continues to exist; OR
2. The vehicle has been out of service for a cumulative total of 30 or more calendar days due to warranty repairs (including the final repair attempt, at least one occurring during the Lemon Law Rights Period).

The final repair attempt referenced above is the one triggered by the consumer's certified-mail notice under SDCL § 32-6D-6 (see Part I.D).

D. Manufacturer's Final Repair Opportunity — SDCL § 32-6D-6

Before filing suit, the consumer must give the manufacturer notice of the nonconforming condition by certified mail and demand repair. If the statutory presumption (Part I.C) has arisen at the time that notice is given, the manufacturer must be given a final opportunity to cure. Under SDCL § 32-6D-6, the manufacturer must:

1. Within seven (7) calendar days of receiving the written notice, notify the consumer of a reasonably accessible authorized repair facility; and
2. Complete the repair within fourteen (14) calendar days after the consumer delivers the vehicle to the designated facility.

If the manufacturer fails to designate a facility within 7 days or fails to cure the defect within 14 days, the consumer may proceed with remedies.

E. Informal Dispute Settlement — SDCL § 32-6D-6

If the manufacturer has established an informal dispute settlement procedure conducted within South Dakota that complies with 16 C.F.R. Part 703 (FTC Warranty Rules), the consumer must first exhaust that procedure before instituting a civil action (SDCL § 32-6D-6). Under 16 C.F.R. Part 703, a decision of such a procedure is not binding on the consumer, who may then proceed to court.

II. VEHICLE AND PURCHASE INFORMATION

III. WARRANTY COVERAGE

The nonconforming condition(s) described herein first arose during the applicable warranty period and were reported within the Lemon Law Rights Period (12 months / 12,000 miles).

IV. DESCRIPTION OF NONCONFORMING CONDITIONS

Primary Defect

• Description: [________________________________]
• Date First Reported: [__/__/____]
• Mileage at First Report: [________________________________]
• Symptoms Experienced: [________________________________]
• Safety Impact: ☐ Yes — [________________________________] ☐ No
• Impairment of Use: [________________________________]
• Impairment of Market Value: [________________________________]

Additional Defect(s) (if applicable)

• Description: [________________________________]
• Date First Reported: [__/__/____]
• Mileage at First Report: [________________________________]
• Symptoms Experienced: [________________________________]

V. REPAIR HISTORY

Repair Attempt No. 1

Repair Attempt No. 2

Repair Attempt No. 3

Repair Attempt No. 4

(Attach additional repair attempt records as needed.)

Cumulative Repair Summary

VI. LEMON LAW QUALIFICATION ANALYSIS

A. Statutory Thresholds Met

☐ Repair Attempt Threshold (SDCL § 32-6D-5(1)): The same nonconforming condition has been subject to [____] repair attempts, meeting or exceeding the 4-attempt threshold.

☐ Out-of-Service Threshold (SDCL § 32-6D-5(2)): The vehicle has been out of service for [____] calendar days, meeting or exceeding the 30-day threshold.

☐ Both Thresholds Met: The vehicle satisfies both the repair-attempt and out-of-service standards.

B. Lemon Law Rights Period Compliance

☐ The nonconforming condition was first reported on [__/__/____], which is within the Lemon Law Rights Period (12 months / 12,000 miles from original delivery on [__/__/____]).

☐ Repair attempts continued within the Extended Repair Obligation period (24 months / 24,000 miles).

C. Federal Magnuson-Moss Warranty Act

In addition to state-law claims, the Consumer asserts claims under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., which provides an independent basis for recovery of damages and attorney fees when a warrantor fails to comply with the terms of a written warranty.

VII. DEMAND FOR RELIEF

Pursuant to SDCL § 32-6D-3, we demand one of the following remedies:

Option A — Refund / Repurchase (SDCL § 32-6D-3)

☐ Selected

Use Offset Calculation (SDCL § 32-6D-4):

Allowance for Use = Full Purchase Price × (Miles Driven Before First Defect Report ÷ 100,000)

• Full Purchase Price: $[________________________________]
• Miles at First Defect Report: [________________________________]
• Calculation: $[________________________________] × ([________________________________] ÷ 100,000) = $[________________________________]

Option B — Replacement (SDCL § 32-6D-3)

☐ Selected

The manufacturer must provide a comparable new motor vehicle of the same make, model, and trim level (or substantially equivalent), plus a refund of all collateral charges (excise tax, license, and registration fees) and payment of incidental damages. Under SDCL § 32-6D-3, the choice between replacement and refund is the consumer's.

Additional Relief

• Attorney Fees (SDCL § 32-6D-8): If the manufacturer has breached its obligations under the chapter, the consumer may recover reasonable attorney fees in addition to the refund/replacement remedy. This fee-shifting provision applies regardless of whether the consumer selects refund or replacement.
• Loan/Lease Payoff: The manufacturer must satisfy any outstanding financing obligation to the lienholder.
• Incidental Damages: All costs incurred as a direct result of the nonconformity, including rental vehicles, towing, lodging, and lost wages.

VIII. FINAL REPAIR OPPORTUNITY — STATUTORY NOTICE

This letter constitutes the pre-suit written notice of a nonconforming condition, sent by certified mail, required by SDCL § 32-6D-6. Upon receipt:

1. You have seven (7) calendar days to notify the Consumer of a reasonably accessible authorized repair facility.
2. After the Consumer delivers the vehicle to the designated facility, you have fourteen (14) calendar days to attempt to cure the nonconformity.

Please contact the undersigned within the 7-day window to arrange the final repair attempt. If the defect is not cured within the 14-day repair period, the Consumer will proceed to exercise lemon law remedies.

IX. ARBITRATION STATUS

Under SDCL § 32-6D-6:

☐ Manufacturer operates a qualifying program: [________________________________] maintains an informal dispute settlement procedure purporting to comply with 16 C.F.R. Part 703. The Consumer will participate in the process but reserves the right to reject the outcome and proceed to litigation.

☐ Manufacturer does not operate a qualifying program: No complying informal dispute settlement procedure exists, and the Consumer may proceed directly to civil action.

☐ BBB Auto Line: The Consumer may also submit this dispute to the BBB Auto Line program if available for [________________________________] (Manufacturer).

X. DOCUMENT PRESERVATION DEMAND

You are hereby directed to preserve all documents, data, and records relating to this vehicle and similar vehicles, including:

• All repair orders, warranty claims, and technical service bulletins (TSBs)
• All customer complaints and field reports regarding the same defect
• Engineering analyses, root-cause investigations, and recall documentation
• Communications between the dealer and the manufacturer
• Training materials regarding the defect and its repair
• The vehicle itself — do not dispose of, auction, or alter

Failure to preserve this evidence may result in spoliation sanctions, adverse inference instructions, and separate claims.

XI. RESPONSE DEADLINE

Respond in writing within fourteen (14) days with:

1. Designation of the final repair facility (within 7 days per SDCL § 32-6D-6)
2. Your position on whether the vehicle qualifies as a lemon
3. Your offer for repurchase, replacement, or settlement

If we do not receive a satisfactory response:

☐ Submit this matter to the manufacturer's informal dispute settlement procedure
☐ File suit in the appropriate South Dakota Circuit Court
☐ Report this matter to the South Dakota Attorney General — Consumer Protection Division (Pierre, SD)
☐ Report to the South Dakota Department of Public Safety — Motor Vehicle Division

XII. RESERVATION OF RIGHTS

This letter is sent without prejudice to any rights or remedies available to the Consumer under SDCL §§ 32-6D-1 through 32-6D-11, the Magnuson-Moss Warranty Act, or any other applicable law. All rights are expressly reserved.

Respectfully submitted,

[________________________________] (Law Firm Name)

By: _________________________________
[________________________________] (Attorney Name)
South Dakota Bar No. [____]
[________________________________] (Address)
[________________________________] (City, SD ZIP)
[________________________________] (Telephone)
[________________________________] (Email)

Attorneys for [________________________________]

ENCLOSURES:
☐ Copies of all repair orders and warranty claims
☐ Copy of purchase/lease agreement
☐ Copy of manufacturer's warranty booklet
☐ Vehicle registration documentation
☐ Photographs / videos documenting the defect
☐ Prior written correspondence with manufacturer and dealer
☐ Rental car receipts and other incidental expense documentation
☐ Authorization to represent

cc:
[________________________________] (Consumer)
[________________________________] (Lienholder / Financing Company)
South Dakota Attorney General — Consumer Protection Division, Pierre, SD
Client file

SOUTH DAKOTA LEMON LAW — QUICK REFERENCE

SOUTH DAKOTA-SPECIFIC NOTES

☐ Dual-Tiered Coverage Period Is Unusual: Unlike most states that use a single coverage window, South Dakota requires the defect to be first reported within 12 months/12,000 miles but allows repairs to continue for up to 24 months/24,000 miles. Missing the initial reporting window is fatal to the claim even if the vehicle is still under manufacturer warranty.

☐ Calendar Days, Not Business Days: South Dakota counts calendar days for the 30-day out-of-service threshold, unlike some states that count only business days. This distinction benefits consumers by counting weekends and holidays.

☐ 7-Day / 14-Day Final Repair Structure: The manufacturer's response timeline after receiving written notice is strictly defined: 7 calendar days to designate a facility, then 14 calendar days to attempt the cure. Keep a calendar and document non-compliance precisely.

☐ No Reduced Threshold for Safety Defects: South Dakota does not provide a lower repair-attempt threshold (e.g., 2 attempts) for defects that create a serious safety hazard. The standard 4-attempt or 30-day threshold applies to all defects.

☐ Three-Year Statute of Limitations (SDCL § 32-6D-11): Any action against the manufacturer must be commenced within three (3) years following original delivery of the vehicle to the consumer. Calendar this deadline carefully.

☐ Lessee Coverage Is Uncertain: South Dakota defines "consumer" (SDCL § 32-6D-1(1)) as the purchaser of a new or previously untitled vehicle. The statute does not expressly address lessees, and BBB National Programs' state summary notes the law "appears not to cover a lessee." A leasing consumer should confirm coverage with South Dakota counsel before relying on the lemon-law remedy and consider the Magnuson-Moss Warranty Act as an alternative basis.

☐ AG Consumer Protection Division Is Active: The South Dakota Attorney General's Consumer Protection Division in Pierre handles lemon law complaints and may intervene or mediate disputes. Filing a complaint with the AG can prompt manufacturer cooperation.

☐ South Dakota Has No State Income Tax: Any refund, settlement, or damages recovered are subject only to federal tax obligations. Consult a tax professional regarding the taxability of lemon law recoveries.

☐ Tribal Jurisdiction: If the vehicle was purchased on tribal land (e.g., Pine Ridge Reservation, Rosebud Reservation), there may be questions about whether state lemon law or tribal consumer protection provisions apply. Verify jurisdiction before filing.

☐ New / Previously Untitled Vehicles Only: South Dakota's lemon law applies to a new or previously untitled motor vehicle (SDCL § 32-6D-1(1)). Consumers with ordinary used-vehicle defects must rely on the South Dakota Deceptive Trade Practices Act (SDCL § 37-24-1 et seq.), UCC implied warranty of merchantability, or Magnuson-Moss if a written warranty was provided.

Sources and References

• SDCL §§ 32-6D-1 through 32-6D-11 — South Dakota Motor Vehicle Warranties Law (official text: consumer.sd.gov/docs/LemonLaw_Statutes32-6D.pdf)
• SDCL § 32-6D-3 — Replacement or refund at the consumer's option; § 32-6D-4 — Allowance for use offset (÷ 100,000)
• SDCL § 32-6D-5 — Presumption (4 repairs / 30 calendar days); § 32-6D-6 — Civil action, pre-suit certified-mail notice & final repair opportunity, IDSP exhaustion
• SDCL § 32-6D-8 — Attorney fees for prevailing consumer; § 32-6D-11 — Three-year limitation from original delivery
• SDCL § 32-6D-1(5) — "Motor vehicle" definition (incl. 4-wheel ATVs ≥ 200 cc; excl. electric bicycles, quadricycles, motor homes, GVWR ≥ 15,000 lbs; amended SL 2024, ch 118, § 7)
• 15 U.S.C. § 2301 et seq. — Magnuson-Moss Warranty Act
• 16 C.F.R. Part 703 — FTC Informal Dispute Settlement Procedures
• South Dakota Attorney General — Consumer Protection Division (consumer.sd.gov)
• BBB Auto Line Program (bbbprograms.org)

This template is for informational purposes only and does not constitute legal advice. Lemon law requirements may change; verify current statutes with a licensed South Dakota attorney before use.