South Dakota Auto Repair Law

Educational summary only – not legal advice.

Overview

South Dakota does not have a comprehensive auto‑repair‑specific regulatory statute like some other states. Instead, repair transactions are governed primarily by: – General contract law – South Dakota Consumer Protection Act (SDCL Chapter 37‑24) – Mechanic’s lien and abandoned vehicle statutes

This document explains exactly what South Dakota law requires, what it allows, and where the law is silent.

1. Written Estimates

Statutory Requirement: – ❌ South Dakota law does not require auto repair shops to provide written estimates before beginning work. – ❌ No dollar threshold or trigger amount is defined.

Legal Effect: State law does not specify written estimate requirements; general consumer protection statutes apply.

2. Repair Authorization

Statutory Requirement: – ❌ No statute requires written or signed authorization before repairs begin. – ❌ No rules exist regarding authorization form contents or format.

Legal Effect: State law does not specify authorization requirements; general contract and consumer protection law applies.

3. Estimate Overages / Price Increases

Statutory Requirement: – ❌ No statutory percentage cap (e.g., 10% or 15%) on exceeding estimates. – ❌ No approval requirement for exceeding an estimate.

Legal Effect: State law does not specify over‑estimate approval rules; deceptive pricing may still violate SDCL 37‑24.

4. Disclosure Timing

Statutory Requirement: – ❌ No statute requires disclosures before or after repairs.

Legal Effect: State law does not specify disclosure timing; misleading omissions may fall under general consumer protection law.

5. Parts Return (Old Parts)

Statutory Requirement: – ❌ No law requires repair shops to return replaced parts. – ❌ No obligation to offer old parts automatically or upon request.

Legal Effect: State law does not specify parts return rules; agreements between shop and customer control.

6. Record Retention

Statutory Requirement: – ❌ No statute defines how long repair records must be kept.

Legal Effect: State law does not specify record retention duration; best business practices apply.

7. Mechanic’s Liens & Unpaid Repairs

What the Law Allows: – Repair shops may assert a mechanic’s lien on vehicles for unpaid repair charges. – After written notice, if the vehicle remains unclaimed for 90 days, the shop may sell the vehicle to satisfy the debt.

Title Application: – After 30 days’ written notice for an unclaimed vehicle, a repairer may apply for title under South Dakota law.

8. Enforcement & Remedies

Statutory Enforcement: – Mechanic’s lien enforcement – Vehicle sale or title acquisition after statutory notice periods

Consumer Remedies: – Complaints under South Dakota Consumer Protection Act – Private civil action for deceptive or unfair practices

What the Law Does NOT Provide: – ❌ No auto‑repair‑specific regulatory agency – ❌ No statutory fine schedule for estimate violations – ❌ No automatic voiding of charges

What This Means for Consumers

·       You are not legally entitled to a written estimate or written authorization under South Dakota law.

·       Always request written estimates and approvals to protect yourself.

·       Large undisclosed price increases may still be challenged under general consumer protection statutes.

·       Failure to pay can result in loss of your vehicle if statutory lien procedures are followed.

What This Means for Repair Shops

·       While not required, written estimates and signed authorizations are critical risk‑management tools.

·       You have strong statutory rights to enforce unpaid bills through liens and vehicle sale/title processes.

·       Poor documentation increases exposure under consumer protection law.

·       Best practice: retain repair records for at least 3–7 years, even though no statute mandates it.

Bottom Line

South Dakota auto repair law is permissive but not prescriptive. The state gives shops enforcement tools for non‑payment but leaves pricing, estimates, and authorization practices largely unregulated — making documentation and transparency essential for both consumers and repair businesses.