32-6D-9. Resale of returned vehicle.
If a motor vehicle has been returned to the manufacturer under the provisions of this chapter or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless:
(1)The manufacturer discloses in writing to the subsequent purchaser the fact that the motor vehicle was returned under the provisions of this chapter and the nature of the nonconformity to the vehicle warranty; and
(2)The manufacturer returns the title of the motor vehicle to the Department of Revenue advising of the return of the motor vehicle under provisions of this chapter with an application for title in the name of the manufacturer. The department shall brand the title issued to the manufacturer and all subsequent titles to the motor vehicle with the following statement: "This vehicle was returned to the manufacturer because it did not conform to its warranty."
Source: SL 1993, ch 227, §9; SL 2004, ch 17, §95; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
Structure South Dakota Codified Laws
Chapter 06D - Manufacturer S Warranty
Section 32-6D-1 - Definitions.
Section 32-6D-2 - Notice of nonconforming condition--Timeliness--Obligation to repair.
Section 32-6D-3 - Replacement of irreparable vehicle--Refund.
Section 32-6D-4 - Allowance for use of vehicle offset against monetary recovery.
Section 32-6D-5 - Reasonable attempts to correct nonconforming condition.
Section 32-6D-6 - Civil action against manufacturer.
Section 32-6D-7 - Affirmative defenses to claim against manufacturer.
Section 32-6D-8 - Attorney fees.
Section 32-6D-9 - Resale of returned vehicle.