32-6B-3. Sale on consignment--Contract required--Form.

Any dealer or public auction may sell, or offer to sell, new or used vehicles on consignment. For the purposes of this chapter, consignment means the delivery of a vehicle by the owner into the possession of another without transfer of title for the purpose of sale or where there is any condition that the purchaser does not have an absolute obligation to pay for the vehicle or has a right to return the vehicle to the seller. Any dealer or public auction who sells, or offers to sell, South Dakota titled vehicles on consignment shall enter into a contract with the consignor. The department shall prescribe the form of the contract.

Source: SL 1986, ch 250, § 3; SL 1989, ch 257, § 110; SL 1997, ch 182, § 11; SL 2005, ch 163, § 3.

32-6B-3.1. Sale on consignment prohibited for vehicle without statement of origin.

No person may sell or offer to sell a motor vehicle, to which a manufacturer's statement of origin has not been transferred, on consignment.

Source: SL 1997, ch 182, § 12.

32-6B-3.2. Odometer reading required for consignment or auction--Violation a misdemeanor.

Before a South Dakota titled vehicle may be sold by a consignee or at a public auction pursuant to § 32-6B-3, the consignee or auctioneer shall have in possession an odometer reading certified by the owner of the motor vehicle and a South Dakota title for the motor vehicle. A violation of this section is a Class 2 misdemeanor.

Source: SL 1997, ch 182, § 13; SL 2015, ch 157, § 20.

32-6B-3.3. Consignment or auction of vehicle with lien--Written consent and release by lien holder.

A consignee or an auctioneer may not sell a motor vehicle that has a certificate of title with a lien on it for less than the full amount of the lien, without the advance written consent of the lien holder. A consignee or an auctioneer may not release the proceeds from the sale of a motor vehicle with a lien on the title until the lien holder signs a release of the lien. A violation of this section is a Class 2 misdemeanor.

Source: SL 1997, ch 182, § 14.

32-6B-3.4. Auction on consignment of older vehicle titled in another state.

Notwithstanding the provisions of subdivision 32-6B-5(4), any titled vehicle, including a vehicle owned by a vehicle dealer who has obtained a permit under the provisions of § 32-6B-5.4 but who is licensed in another state, except a motorcycle, that is not titled in South Dakota and is at least twenty years old may be sold at a public auction on consignment if the title of the vehicle is issued in the name of the seller. All other provisions of this chapter pertaining to consignment sales or public auctions need to be met.

Source: SL 1998, ch 177, § 1; SL 2011, ch 140, § 1; SL 2014, ch 145, § 3; SL 2019, ch 130, § 17.

32-6B-3.5. Auction on consignment of older motorcycle titled in another state.

Notwithstanding the provisions of subdivision 32-6B-5(4), any motorcycle, including a motorcycle owned by a dealer who has obtained a permit under the provisions of § 32-6B-5.4 but who is licensed in another state, that is not titled in South Dakota, and that is at least thirty years old, may be sold at a public auction on consignment if the title of the vehicle is issued in the name of the seller. All other provisions of this chapter pertaining to consignment sales or public auction need to be met.

Source: SL 1998, ch 177, § 2; SL 2011, ch 140, § 2; SL 2014, ch 145, § 4; SL 2019, ch 130, § 18.

32-6B-3.6. Sale of used motorcycles and off-road vehicles on consignment where dealer possesses state title or title from bordering state--Exception.

In addition to the consignment sales requirements provided in this chapter, any dealer or public auction may sell, or offer to sell, used motorcycles and used off-road vehicles as defined in § 32-3-1 on consignment if the dealer has in possession a South Dakota title for the vehicle or a state title for the vehicle from a bordering state. If the motorcycle or off-road vehicle owner's state does not issue titles for the consigned motorcycle or off-road vehicle, the owner must provide a current state registration and accompanying affidavit stating that their home state does not issue titles for the vehicle being consigned. A bill of sale, the registration, and affidavit of statement must be in the possession of the consignment selling dealer or public auction along with the proper consignment contract. The department shall prescribe the form of the contract.

Source: SL 2018, ch 184, § 1.