States
South Dakota lemon law: when a new car is a lemon
What S.D. Codified Laws ch. 32-6D asks before a manufacturer must repurchase or replace a car, the steps on the way and the last day to act.
Does your car meet the South Dakota lemon law tests?
South Dakota, November 5, 2026 read in the statute
Not yet: one more repair attempt
| Protection period | 1 year or 12,000 miles, whichever comes first (the tests can run to 2 years or 24,000 miles): tests count until January 5, 2028 or 24,000 miles. You are inside it. |
| Repair attempts, same defect | Not met: needs 4, you have 3 |
| Days out of service | Not met: needs 30 calendar days, you have 12 |
| Also | The rights period is 12 months or 12,000 miles; the 4 attempts or the 30 days may run up to 24 months or 24,000 miles if at least one attempt falls in the rights period. The attempts are followed by the final attempt. |
| Notice | Written notice by certified mail for a final repair attempt: 7 calendar days to name a repair facility, then 14 calendar days to repair. |
| Dispute step | A manufacturer dispute procedure held in South Dakota must be used first. |
| File a lawsuit by January 5, 2029 (792 days left) | Lawsuit within 3 years of the original delivery (§ 32-6D-11). |
Tests as written in the law; a court or arbitrator decides. S.D. Codified Laws ch. 32-6D · South Dakota Consumer Protection
The South Dakota lemon law in detailSouth Dakota’s lemon law, chapter 32-6D of the Codified Laws, sets a rights period of 12 months or 12,000 miles from delivery, whichever comes first, and a wider window for the presumption. A reasonable number of attempts is presumed after four repairs of the same defect, followed by a final attempt, or after 30 calendar days out of service, counted up to 24 months or 24,000 miles, as long as at least one attempt falls inside the rights period. The owner writes by certified mail; the manufacturer has seven calendar days to name a repair facility and 14 calendar days to repair. A dispute procedure held in the state must be used first, and a lawsuit must be filed within three years of the original delivery. Motor homes and vehicles of 15,000 pounds or more are outside the chapter. We read it on the legislature’s site and in the state’s consumer protection copy on November 1, 2026.
When is the last day to act?
File a lawsuit, South Dakota
September 5, 2028
| Days from today | 670 left |
| Rule: Lawsuit within 3 years of the original delivery (§ 32-6D-11). | |
State laws read by Radif Partners · Editorial policy · Method and sources
A long tail after the first year
South Dakota asks that at least one attempt fall inside the first 12 months or 12,000 miles. After that, repairs can be counted up to 24 months or 24,000 miles. An owner whose car first fails in month eleven is well placed; one whose first failure is in month thirteen is not.
The checker on this page counts the tests inside the wider window and shows the rights period next to it. If your first attempt came late, the result can say you are inside the window when the rule above still stops you.
The final attempt and the deduction
The final repair attempt after notice is part of the process, so the letter is not optional. The deduction is the price times the miles before the first report, divided by 100,000. Four-wheel ATVs of at least 200 cc are covered, which few states do; electric bicycles are not.
The South Dakota lemon law at a glance
| Law | S.D. Codified Laws ch. 32-6D |
| Protection period | 1 year or 12,000 miles, whichever comes first (the tests can run to 2 years or 24,000 miles) |
| Repair attempts | 4 attempts on the same defect |
| Serious safety defect | no separate test |
| Days out of service | 30 calendar days |
| Also | The rights period is 12 months or 12,000 miles; the 4 attempts or the 30 days may run up to 24 months or 24,000 miles if at least one attempt falls in the rights period. The attempts are followed by the final attempt. |
| Written notice | Written notice by certified mail for a final repair attempt: 7 calendar days to name a repair facility, then 14 calendar days to repair. |
| Dispute step | Manufacturer program first. A manufacturer dispute procedure held in South Dakota must be used first. |
| Deadline | Lawsuit within 3 years of the original delivery (§ 32-6D-11). |
| Use offset in a buyback | Price × miles before the first report ÷ 100,000 (ch. 32-6D). |
| Vehicles covered | Self-propelled road vehicles and ATVs of at least 200 cc on 4 or more wheels. Not motor homes, vehicles of 15,000 lb gross weight or more, or electric bicycles. |
| Used cars | Not covered. |
| State page | South Dakota Consumer Protection |
| Level of reading | read in the statute |
| What we read | Chapter 32-6D on the legislature’s site and in the copy published by the state’s consumer protection office, read on November 1, 2026. |
From written notice to a decision
Certified mail, return receipt requested.
Earliest decisionbetween Nov 6, 2026 and Dec 16, 2026
1. Done · milestone
Written notice reaches the manufacturer
Oct 16, 2026
Written notice by certified mail for a final repair attempt: 7 calendar days to name a repair facility, then 14 calendar days to repair.
S.D. Codified Laws ch. 32-6D2. In progress · 3 weeks
Final repair window
Nov 6, 2026
7 calendar days to name a repair facility, then 14 calendar days to repair (S.D. Codified Laws ch. 32-6D).
S.D. Codified Laws ch. 32-6D3. Upcoming · 0 day – 6 weeks
Dispute program decides
Nov 6, 2026 – Dec 16, 2026
A program that follows 16 CFR Part 703 must decide within 40 days of receiving your dispute. A manufacturer dispute procedure held in South Dakota must be used first.
16 CFR 703.5(d)4. Upcoming · milestone
Accept, refuse or go further
Nov 6, 2026 – Dec 16, 2026
Lawsuit within 3 years of the original delivery (§ 32-6D-11).