32-7B-26. Consignment sales--Contract required--Form.
Any boat dealer or public auction may sell, or offer to sell, new, or used boats on consignment. For the purposes of this chapter, consignment means the delivery of a boat 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 boat or has a right to return the boat to the seller. Any boat dealer or public auction who sells, or offers to sell, South Dakota titled boats or used boats titled in a bordering state including any accompanying titled boat trailers on consignment shall enter into a contract with the consignor. If the boat or boat trailer owner's state does not issue titles for the consigned boat or boat trailer, the owner must provide a current state registration and accompanying affidavit stating that their home state does not issue titles for the boat or boat trailer 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 1998, ch 185, §26; SL 2018, ch 184, §2.
Structure South Dakota Codified Laws
Chapter 07B - Regulation Of Boat Dealers
Section 32-7B-1 - Boat dealer defined.
Section 32-7B-2 - License required--Exceptions--Violation as misdemeanor.
Section 32-7B-3 - Classification of licenses.
Section 32-7B-4 - Application required--Contents.
Section 32-7B-5 - Verification of application--Refusal of application.
Section 32-7B-6.1 - Increase in dealer bond amount--Implementation.
Section 32-7B-7 - Proof of contract or franchise.
Section 32-7B-8 - Dealer license--Fee--Renewal--Disposition of fees--Promulgation of Rules.
Section 32-7B-9 - Books, records, and files to be kept--Inspection.
Section 32-7B-10 - Issuance of dealer plates--Fees--Disposition of fees.
Section 32-7B-10.1 - Mailing fees.
Section 32-7B-11 - Use of dealer plates--Display--Transfer of plates--Violation as misdemeanor.
Section 32-7B-14 - Dealer inspectors.
Section 32-7B-15 - Investigation of dealers.
Section 32-7B-17.1 - Cease and desist order for specified violations--Period of effectiveness.
Section 32-7B-17.2 - Hearing on question of whether violations occurred--Procedures.
Section 32-7B-17.3 - Finality of cease and desist order.
Section 32-7B-17.5 - Hearing to contest order to pay fine or suspend or revoke license--Procedures.
Section 32-7B-17.6 - Finality of order to pay fine or suspend or revoke license.
Section 32-7B-20 - Promulgation of rules--Administration by local officials.
Section 32-7B-21 - Principal place of business defined.
Section 32-7B-22 - Permission to change principal place of business.
Section 32-7B-24 - Separate licenses for places of business in different counties.
Section 32-7B-25 - Temporary permits for special events--Time limitation--Fee.
Section 32-7B-26 - Consignment sales--Contract required--Form.
Section 32-7B-27 - Manufacturer's statement of origin required for sale on consignment.
Section 32-7B-30 - Temporary location--Time limit--Zoning and building requirements.