2011 South Dakota Code
Title 32 MOTOR VEHICLES
Chapter 03. Title Registration, Liens And Transfers
§32-3-51.8 Submission of damage disclosure statement upon sale, transfer, trade-in, or titling of motor vehicle--Issuance of title without statement prohibited--Violation as misdemeanor--Exceptions--Form.

32-3-51.8. Submission of damage disclosure statement upon sale, transfer, trade-in, or titling of motor vehicle--Issuance of title without statement prohibited--Violation as misdemeanor--Exceptions--Form. Upon the sale, transfer, trade-in, or titling of a motor vehicle, the seller, transferor, trader, or person wishing to title in South Dakota shall submit an accurately completed damage disclosure statement. The completed damage disclosure statement may be on the back of the certificate of title or on a separate document that has been approved for use by the department. Except as otherwise provided by this section, no certificate of title may be issued by the department unless the damage disclosure statement accompanies the application. It is a Class 1 misdemeanor to intentionally falsify any information on the damage disclosure statement. No person or dealer is liable to a subsequent owner of a vehicle because a prior owner of the vehicle failed to disclose that the vehicle had previously been damaged and repaired. This section does not apply to any motor vehicle more than six model years old or with a gross vehicle weight rating of more than sixteen thousand pounds and does not apply if a rebuilt title or junking certificate is sought.

This section applies to all other motor vehicles, but only damage in excess of five thousand dollars shall be disclosed in the statement. If the motor vehicle has incurred damages more than once, only those damages that occurred at one time are considered in determining whether the damages exceeded five thousand dollars.

Source: SL 1988, ch 238, § 6; SL 1990, ch 231, § 3; SL 1992, ch 207, § 1; SL 1999, ch 153, § 2; SL 2003, ch 162, § 2; SL 2005, ch 157, § 2.