The Manufacturer's Response in a South Dakota Lemon Law Claim

Once you give certified-mail notice (§ 32-6D-6), the manufacturer’s response shapes the rest of a South Dakota lemon-law claim — starting with the 7-day/14-day final cure.

The 7-day / 14-day final cure

After certified-mail notice, the manufacturer has 7 days to identify a repair facility and 14 calendar days to correct the nonconformity (§ 32-6D-6) — this is the final repair attempt the presumption requires. Cooperate, but:

• Keep the repair order documenting the final cure and result.
• Count the days toward the 30-calendar-day tally.
• A failed final cure confirms the presumption.

The IDS routing

If the manufacturer has a federally compliant IDS, it can require the consumer to use it before suing (§ 32-6D-6). See manufacturer arbitration.

Common manufacturer responses

• Successful repair — if genuinely fixed, the claim may resolve.
• Another “no problem found” — adds to your attempt count if you reported the defect.
• Routing to an IDS.
• Goodwill offer — often below a full refund.
• Refund or replacement offer — remember the consumer elects (§ 32-6D-3).

Common defenses

• The defect does not substantially impair use, market value, or safety.
• The problem resulted from abuse, neglect, or unauthorized modification.
• The defect was not reported within the rights period (1 year / 12,000 miles).
• No certified-mail notice was given (§ 32-6D-6).
• The threshold wasn’t met within 2 years / 24,000 miles.

Clean documentation defeats these.

Bottom line

Cooperate with the 7-day/14-day final cure, document everything (especially the certified-mail notice and the reporting date), and recognize the affirmative defenses — particularly the two-tier timing. Get a free case review.

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