Hiring a Lemon Law Lawyer in South Dakota
The South Dakota lemon law for new cars, the rules for used cars, where to file a complaint, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in South Dakota: fee rules
| Rules on contingency fees | Under South Dakota Rule of Professional Conduct 1.5(c) (appendix to SDCL ch. 16-18), a contingent fee agreement must be in writing signed by the client and state how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of potential expenses the client owes whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
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South Dakota rules to know first
| Lemon law for new cars | South Dakota's lemon law covers new or previously untitled self-propelled highway vehicles bought mainly for personal, family or household use, including four-wheel ATVs of 200cc or more, but not motor homes, electric bicycles or vehicles rated 15,000 pounds or more. The "lemon law rights period" is one year or the first 12,000 miles, whichever comes first. If the consumer reports a warranty defect that significantly impairs use, value or safety during that period, the manufacturer must repair it, though the repair duty ends at 24 months or 24,000 miles. If the defect cannot be fixed after reasonable attempts, the manufacturer must, at the consumer's choice, replace the vehicle (and refund taxes and fees) or take it back and refund the contract price, collateral charges, certain finance charges and incidental costs such as alternative transportation, minus a use allowance. Reasonable attempts are presumed if, within 24 months or 24,000 miles, the same defect was subject to four or more repair attempts plus a final attempt, or the vehicle was out of service a cumulative 30 calendar days. Before suing, the consumer must send notice by certified mail and give the manufacturer a final chance to repair (within 14 days), and must first use any qualifying in-state dispute program. A consumer may recover reasonable attorney fees, and must sue within three years of delivery. Remedy, presumption and suit rules: https://sdlegislature.gov/api/Statutes/32-6D-3.html ; https://sdlegislature.gov/api/Statutes/32-6D-5.html ; https://sdlegislature.gov/api/Statutes/32-6D-6.html |
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| Used cars | The Attorney General's Division of Consumer Protection states that all used vehicles are sold "as is" unless they still have a factory warranty or the dealer provides an in-house warranty, which should be put in writing. When a used vehicle is bought "as is," the dealer is not responsible for repairs after the sale unless that is put in writing. The Division also says used car dealers must list the price, any trade-in allowance and all fees on the contract and explain them, must disclose the true mileage, and that buyers should receive the title within 30 days. |
| How to make a lemon law claim | 1) Report the problem: during the lemon law rights period (one year after original delivery or the first 12,000 miles, whichever comes first), the consumer delivers the vehicle to the manufacturer or an authorized dealer and gives notice of the defect. A "notice of a nonconforming condition" is a written statement delivered to the manufacturer describing the vehicle and the problem. 2) Certified-mail notice and final repair attempt: before suing, the consumer must send the manufacturer notice of the defect by certified mail and demand repair. If the repair presumption has already been met when the notice is sent, the manufacturer gets a final chance: within seven calendar days of receiving the notice it must name a reasonably accessible repair facility, and once the vehicle is delivered there it has up to 14 calendar days to fix it. 3) Arbitration: if the manufacturer has an informal dispute settlement procedure conducted within South Dakota that complies with federal rules, the consumer must first use up that procedure before filing a lawsuit. The law does not create a state-run arbitration program or set a consumer fee. 4) Deadline to sue: a lawsuit against the manufacturer must be filed within three years after original delivery to the consumer. A consumer may recover reasonable attorney fees if the manufacturer breached its obligations. Related sections read: https://sdlegislature.gov/api/Statutes/32-6D-1.html and https://sdlegislature.gov/api/Statutes/32-6D-11.html. |
| Where to file a consumer complaint | Consumers can file a complaint with the Attorney General's Division of Consumer Protection online or on a downloadable form, or request a mailed form by calling 1-800-300-1986 (in-state). An investigator reviews each complaint, the business is generally contacted and given 20 days to reply or resolve it, and the Division may investigate or mediate; some complaints are referred to other agencies or may require private legal action, such as small claims court. Email: consumerhelp@state.sd.us. |
Find and check a lawyer
| Lawyer referral service | The State Bar of South Dakota Lawyer Referral Service is a public service to help you find a qualified, local lawyer. Participating lawyers give you a consultation covering the nature of your legal issue, possible options, and the costs of hiring an attorney. Call (800) 952-2333 or request a referral online. The service confirms participating attorneys are active members in good standing but does not evaluate or endorse their qualifications for any practice area. |
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| Check discipline history or file a complaint | Complaints about South Dakota lawyers go to the Disciplinary Board of the State Bar of South Dakota. Send a signed letter fully describing the facts and all sources of information, with names, dates, addresses and supporting documents, to Disciplinary Board, The State Bar of South Dakota, 111 W Capitol Ave. #1, Pierre, SD 57501 (605-224-7554). Simple matters are investigated by a Board member by correspondence and complicated ones by an investigator. The Board dismisses complaints where the lawyer did no wrong, may issue a private reprimand for less serious wrongdoing, and reports serious matters to the Supreme Court; discipline ranges from private reprimand to disbarment. Proceedings are confidential until the Board files formal charges, and losses cannot be recovered through discipline. Filing address: https://www.statebarofsouthdakota.com/reporting-professional-misconduct-2/ |
Free legal help
| Free legal aid | Free civil legal aid for low-income South Dakotans is provided by two LSC-funded programs: Dakota Plains Legal Services and East River Legal Services (per the Legal Services Corporation's grantee list). The North Dakota courts' Finding a Lawyer page also describes Dakota Plains Legal Services as providing free legal help to low-income individuals, older Americans and veterans across South Dakota and North Dakota, including tribal court matters. DPLS description: https://www.ndcourts.gov/legal-self-help/finding-a-lawyer |
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All legal help in South Dakota · Background guide
Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.