CHAPTER 161

(SB 137)

Certificate of title, delivery upon certain circumstances.

         ENTITLED, An Act to  revise certain provisions regarding the delivery of the certificate of title upon the sale of a secondhand vehicle.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 32-3-7 be amended to read as follows:

     32-3-7.   Every Any person , firm, or corporation , upon the sale and delivery of any used or secondhand motor vehicle, shall within thirty days thereof deliver to the purchaser a certificate of title, endorsed according to law, and issued for the vehicle by the department. However, notwithstanding any other provision of law, if the purchaser defaults on the terms of the sale within the thirty-day period, the seller does not have to deliver the certificate of title to the purchaser. The seller shall notify the department in writing of the seller's refusal to deliver title to the purchaser within fourteen days of the purchaser's default on the terms of the sale. A violation of this section is a Class 2 misdemeanor.

     Signed March 1, 2001.

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