CHAPTER 64:28:09
\r\n\r\n\r\nASSIGNMENT OF CERTIFICATE OF TITLE
\r\n\r\n\r\n\r\nSection
\r\n\r\n64:28:09:01 Assignment of certificate of title made\r\nby owner of record or\r\nappointed agent.
\r\n\r\n64:28:09:02 Transfer of ownership.
\r\n\r\n64:28:09:03 Repealed.
\r\n\r\n64:28:09:03.01 Titling older\r\nvehicle when title exists but unavailable.
\r\n\r\n64:28:09:04 Transmittal of certificate of title on\r\nwhich there is an undischarged lien.
\r\n\r\n64:28:09:05 Repealed.
\r\n\r\n64:28:09:06 Assignment of out-of-state certificates\r\nof title and ownership certificates.
\r\n\r\n64:28:09:06.01 Licensed dealer to attach proof of assignment on ownership\r\ndocuments of foreign vehicles accepted in trade.
\r\n\r\n64:28:09:07 Repealed.
\r\n\r\n64:28:09:08 Application for transfer.
\r\n\r\n64:28:09:09 Glider kits, trailer kits, and homemade\r\ntrailers -- No penalty.
\r\n\r\n\r\n\r\n64:28:09:01. Assignment of certificate of title made by owner\r\nof record or appointed agent. Assignment of a certificate of title may be\r\nmade by the owner or owners of record or by an appointed agent. When the\r\nassignment is made by an appointed agent, the title document shall have\r\nattached to it papers showing appointment of the agent.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982;\r\ntransferred from § 61:02:10:01, 12 SDR 111, effective January 12, 1986; 13\r\nSDR 129, 13 SDR 134, effective July 1, 1987.
\r\n\r\nGeneral\r\nAuthority: SDCL 32-3-57.
\r\n\r\n\r\n\r\n\r\n64:28:09:02. Transfer of ownership. Except as provided in\r\nSDCL 32-3-6, 32-3-24, and 32-3-64 and in §§ 64:28:05:02 and 64:28:09:03.01, transfer of ownership shall be made by an assignment on the reverse side of the certificate of title. Separate bills of sale may not be accepted in lieu of a South Dakota certificate of title or a required assignment. A South Dakota certificate of title assigned to anyone other than a licensed dealer may not be reassigned. Out-of-state licensed dealers may assign a South Dakota certificate of title. Assignments must be signed by the owner or owners of record. The name of the purchaser, the purchaser's correct residence address, and all lien information must be immediately typewritten or printed on the certificate of title in the applicable space. A certificate of title may not be held or accepted unless an assignment has been completed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 8 SDR\r\n87, 8 SDR 134, effective July 1, 1982; transferred\r\nfrom § 61:02:10:02, 12 SDR 111, effective\r\nJanuary 12, 1986; 13 SDR 129, 13 SDR\r\n134, effective July 1, 1987; 14 SDR 95, effective\r\nJanuary 10, 1988; 20 SDR 104, effective January 10,\r\n1944.
\r\n\r\nGeneral\r\nAuthority:SDCL 32-3-57.
\r\n\r\n\r\n\r\n\r\n64:28:09:03.01. Titling older vehicle when title exists but\r\nunavailable. If the seller of a vehicle which is eleven years old or older,\r\nfor which a record exists, fails to deliver the title to the purchaser within\r\nthe required 30 days, the purchaser may submit with the request for title a\r\nvalid bill of sale from the seller and an affidavit of facts. The seller must\r\nbe the owner of record. If the purchaser is unable to obtain a title or a bill\r\nof sale from the owner of record, the purchaser must send a certified letter,\r\nreturn receipt requested, to the owner of record and any lienholder.\r\nThe letter must identify the vehicle and must state the facts surrounding the\r\npurchaser's acquisition of and intention to title the vehicle. The owner of\r\nrecord has 30 days in which to contact the department stating the owner of\r\nrecord's interest in the vehicle. The application for title must include an\r\naffidavit of facts and a copy of the certified letter with the green return\r\nreceipt. If the previous owner or a lienholder protests\r\nissuance of a title, the department may refuse to issue one.
\r\n\r\n\r\nSource:\r\n20 SDR 104, effective January 10, 1994.
\r\n\r\nGeneral\r\nAuthority:SDCL 32-3-57.
\r\n\r\nLaw\r\nImplemented:SDCL 32-3-64.
\r\n\r\n\r\n64:28:09:04. Transmittal of certificate of title on which\r\nthere is an undischarged lien. The county\r\ntreasurer may accept for transmittal to the department an assigned South Dakota\r\ncertificate of title on which there is an undischarged\r\nlien against the owner of record only under the following circumstances:
\r\n\r\n\r\n(1) A certificate of title\r\nis being forwarded for the purpose of issuance of a corrected title which shows\r\nin the name of the owner or owners of record;
\r\n\r\n\r\n(2) A certificate of title\r\nis being forwarded for the purpose of issuance of a transfer of title if the\r\nowner of record desires to add the name of another owner and the lien still\r\nshows on the new title. The lien may be left undischarged\r\non the face of the document, but shall also be listed on the reverse side of\r\nthe title on the line provided. Lien holders shall be certain that the lien\r\ninstrument is in order when the ownership is changed to joint ownership and are\r\nresponsible for placing the lien in its space on the assignment.
\r\n\r\n\r\nAn affidavit from the lien holder or a\r\ncopy of the security agreement shall accompany the transfer of title indicating\r\nthe lien holder's approval of the joint ownership transfer.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 8 SDR\r\n87, 8 SDR 134, effective July 1, 1982; transferred\r\nfrom § 61:02:10:04, 12 SDR 111, effective\r\nJanuary 12, 1986; 13 SDR 129, 13 SDR\r\n134, effective July 1, 1987; 15 SDR 58, effective\r\nOctober 19, 1988; 29 SDR 177, effective July 2, 2003.
\r\n\r\nGeneral\r\nAuthority:SDCL 32-3-57(5).
\r\n\r\n\r\n\r\n\r\n64:28:09:05. Lien holder responsible for discharge of liens.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 8 SDR\r\n87, 8 SDR 134, effective July 1, 1982; transferred\r\nfrom § 61:02:10:05, 12 SDR 111, effective\r\nJanuary 12, 1986; 13 SDR 129, 13 SDR\r\n134, effective July 1, 1987; repealed, 14 SDR 95,\r\neffective January 10, 1988.
\r\n\r\n\r\n64:28:09:06. Assignment of out-of-state certificates of title\r\nand ownership certificates. A person listed as the assignee on an\r\nassignment of a foreign certificate of title or ownership certificate may not\r\nmake a further assignment of ownership until the person applies for and\r\nreceives a South Dakota certificate of title. This provision does not apply to\r\na vehicle taken in on trade by a licensed South Dakota dealer who is listed as\r\nthe assignee on a foreign certificate of title or ownership certificate.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 8 SDR\r\n87, 8 SDR 134, effective July 1, 1982; transferred\r\nfrom § 61:02:10:06, 12 SDR 111, effective\r\nJanuary 12, 1986; 13 SDR 129, 13 SDR\r\n134, effective July 1, 1987; 17 SDR 4, effective July\r\n18, 1990.
\r\n\r\nGeneral\r\nAuthority:SDCL 32-3-57.
\r\n\r\n\r\n\r\n\r\n64:28:09:06.01. Licensed dealer to attach proof of assignment on\r\nownership documents of foreign vehicles accepted in trade. Licensed South\r\nDakota dealers shall use a notice of receipt of foreign vehicle title provided\r\nby the department when taking out-of-state motor vehicles in on trade for\r\nanother motor vehicle. This notice shall be attached to and become a part of\r\nthe out-of-state ownership document. A dealer reassignment form must be\r\nattached to the foreign ownership document as evidence of sale to an individual\r\nif the foreign ownership document does not provide for a reassignment by a\r\nlicensed South Dakota dealer.
\r\n\r\n\r\nSource:\r\n17 SDR 4, effective July 18, 1990.
\r\n\r\nGeneral\r\nAuthority:SDCL 32-3-57.
\r\n\r\n\r\n\r\n\r\n64:28:09:07. Reassignments of South Dakota certificate of\r\ntitle.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 8 SDR\r\n87, 8 SDR 134, effective July 1, 1982; transferred\r\nfrom § 61:02:10:07, 12 SDR 111, effective\r\nJanuary 12, 1986; 13 SDR 129, 13 SDR\r\n134, effective July 1, 1987; repealed, 14 SDR 95,\r\neffective January 10, 1988.
\r\n\r\n\r\n64:28:09:08. Application for transfer. To ensure the\r\nlegal transfer of a vehicle title, no title transfer application may be honored\r\nunless the transfer is made by the vehicle's title owner of record or the\r\nowner's authorized representative. If the application for transfer is made by\r\nan authorized representative, a power of attorney form executed by the owner of\r\nrecord must be attached to the vehicle transfer application.
\r\n\r\n\r\nSource:\r\n17 SDR 4, effective July 18, 1990.
\r\n\r\nGeneral\r\nAuthority:SDCL 32-3-57.
\r\n\r\n\r\n\r\n\r\n64:28:09:09. Glider kits, trailer kits, and homemade trailers\r\n-- No penalty. Glider kits, trailer kits, and homemade trailers are not\r\nmotor vehicles as defined by SDCL 32-3-1(11) until they are assembled and capable of being used on the public roads. Their owners are not subject to the 30-day deadline to apply for certificate of title imposed by SDCL 32-3-26 and the penalty provisions for failure to do so imposed by SDCL 32-3-27.
\r\n\r\n\r\nSource:\r\n19 SDR 42, effective September 29, 1992.
\r\n\r\nGeneral\r\nAuthority:SDCL 32-3-57.
\r\n\r\nLaw\r\nImplemented:SDCL 32-3-1(11), 32-3-26, 32-3-27.
\r\n\r\n\r\n