Title 32 — MOTOR VEHICLES

No person may sell or offer to sell a snowmobile, to which a manufacturer's statement of origin has not been transferred, on consignment. Source: SL 2005, ch 163 , § 2.

A dealer licensed under the provisions of this chapter shall keep books, records, or files for five years in the form prescribed by the department, and include the following in the dealer's books, records, or files: (1) A record of the purchase, sale, or exchange, of any snowmobi…

A dealer may offer for sale, sell, or exchange a snowmobile without a certificate of title if the dealer complies with the following applicable provisions: (1) The dealer has a record of purchase, sale, or exchange of a snowmobile to include the satisfaction of any outstanding li…

If a person trades in a snowmobile to a dealer or enters into a consignment agreement with a dealer whereby the dealer will sell the snowmobile and the snowmobile has a lien noted on the title, the dealer and person may agree that the dealer shall satisfy the lien amount by payin…

If a dealer enters into an agreement pursuant to § 32-6C-6.1 , the dealer shall satisfy the lien within ten business days after the receipt of funds. No dealer may offer the snowmobile for sale until payment has been tendered to the lienholder, except on a consigned snowmobile, w…

The department shall issue license plates of a durable material to licensed dealers upon application and payment of ten dollars for each set desired. Two dollars of each fee collected for each set of dealer license plates shall be credited to the motor vehicle fund and the remain…

In addition to the license fees assessed in § 32-6C-7 , the department shall collect from the dealer one dollar and fifty cents per decal if a decal is sent to the dealer through the mail. If the dealer requests that the decal be express mailed, the dealer must pay the actual cos…

Any new snowmobile or used snowmobile owned by a licensed dealer, bearing dealer's "SD" license plates issued pursuant to § 32-6C-7 may be operated in this state. One license plate shall be displayed on each side of the snowmobile. The "SD" license plate is transferable by the de…

Any new or used snowmobile owned by a licensed dealer, bearing dealer's demonstration permits, may be operated in this state for demonstration purposes only. Such snowmobiles may be operated by any prospective buyer for a period not to exceed three days. No dealer may issue a dea…

Terms used in this chapter mean: (1) "Consumer," the purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, who is entitled by the terms of the warranty to enforce the oblig…

Nothing in this chapter imposes any liability upon a motor vehicle dealer or authorized dealer or creates a cause of action by a consumer against a motor vehicle dealer or authorized dealer. No manufacturer may charge back or require reimbursement by a motor vehicle dealer or aut…

Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the motor vehicle to the consumer. Source: SL 1993, ch 227 , § 11.

If a new motor vehicle does not conform to any applicable express warranty and the consumer delivers the motor vehicle to the manufacturer or its authorized dealer and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the motor ve…

If, after reasonable attempts, the manufacturer or its authorized dealer is unable to conform the motor vehicle to any express warranty by repairing or correcting a nonconforming condition of the motor vehicle which first occurred during the lemon law rights period, the manufactu…

Refunds shall be made to the consumer and any lien holders, as their interests may appear. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer's use of the vehicle. A reasonable allowance for use is that amount directly attr…

It is presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of twenty - four months following delivery of the vehicle or twenty - four thousand miles, whichever first occurs, either of the following events o…

A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform its obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proce…

It is an affirmative defense to any claim against the manufacturer under this chapter that: (1) An alleged nonconforming condition does not significantly impair the use, market value, or safety of the motor vehicle; or (2) A nonconforming condition is a result of abuse, neglect, …

If the manufacturer has breached its obligations imposed under this chapter, the consumer may recover, in addition to the remedy provided under §§ 32-6D-2 to 32-6D-5 , inclusive, an additional award for reasonable attorney fees. Source: SL 1993, ch 227 , § 8.

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: (…

Terms used in this chapter mean: (1) "Community," the franchisee's area of responsibility as stipulated in the franchise. A community has a minimum radius of ten miles around an existing dealership; (2) "Department," the Department of Revenue; (3) "Franchise," a written agreement…

Any person who receives or is entitled to receive a copy of any notice provided for in § 32-6E-8 , may object to the approval of the notice by filing a written objection to the department within fifteen days from the date the notice was received by such person. If no objection is…

If a timely objection is filed, the department shall enter an order fixing the time, which shall be within thirty days of the date of such order, and place of a hearing on the objection and shall send by first class mail a copy of the order to the franchisor, franchisee, and any …

Upon a hearing conducted pursuant to the provisions of chapter 1-26 , the franchisor has the burden of proof to establish that cause exists to terminate or not continue the franchise or to enter into a franchise establishing an additional dealership. Source: SL 1994, ch 248 , § 1…

If a franchisor is permitted to terminate or not to continue a franchise and is further permitted not to enter into a franchise for the line/make in the community, no franchise may be entered into for the sale of snowmobiles of that line/make in the community, unless the franchis…

If a franchisor enters into or attempts to enter into a franchise, whether upon termination or refusal to continue another franchise or upon the establishment of an additional new snowmobile dealership in a community where the same line/make is already represented, without first …

No franchisor may terminate or refuse to continue any franchise unless the franchisor has first established in a hearing held under the provisions of chapter 1-26 , that: (1) The franchisor has cause for termination or noncontinuance; and (2) Upon termination or noncontinuance, a…

In determining whether cause is established for terminating or not continuing a franchise, the department shall consider the existing circumstances including: (1) Failure by the franchisee to comply with requirements imposed upon him by the franchise, which requirements are both …

No franchisor may enter into a franchise for the purpose of establishing an additional snowmobile dealership in any community in which the same line/make is currently represented, unless the franchisor has first established in a hearing held under the provisions of chapter 1-26 t…

In determining whether cause is established for entering into an additional franchise for the same line/make, the department shall consider the existing circumstances: (1) The amount of business transacted by existing franchisee's of the same line/make in that community; (2) Whet…

The following circumstances are not cause for the termination or noncontinuance of a franchise, nor for entering into a franchise for the establishment of an additional dealership in a community for the same line/make: (1) The change of executive management or ownership by the fr…

No franchisor may require a franchisee to agree to the inclusion of a term or condition in a franchise, or in any lease or agreement ancillary or collateral to a franchise as a condition to the offer, grant, or renewal of such franchise, lease, or agreement, that: (1) Requires th…

If a franchisor seeks to terminate or not continue a franchise or seeks to enter into an additional franchise of the same line/make, the franchisor shall file a notice with the department of intention to terminate or not continue the franchise or to enter into a franchise for add…

Upon receiving a notice of intention, the department shall, within five days, send by first class mail, a copy of the notice to the franchisee whose franchise the franchisor seeks to terminate or not continue. If the notice seeks to establish an additional franchise, a copy of th…

The title or manufacturer's statement of origin shall be transferred pursuant to the provisions of §§ 32-3-3.1 and

Source: SL 1984, ch 223 , § 10; SL 1986, ch 251 , § 14; SL 1993, ch 88 , § 2; SL 1997, ch 52 , § 4; SL 1999, ch 45 , § 5; SL 2000, ch 42 , § 28; SL 2015, ch 156 , § 18; SL 2018, ch 59 , § 5.

Source: SL 2005, ch 159 , § 15.

Terms used in this chapter mean: (1) "Auxiliary lot," a physically separate location, such as a mobile home park, manufactured housing rental community, manufactured housing subdivision, or any residential lot, where a licensed dealer displays manufactured homes or mobile homes. …

The Department of Revenue shall issue to any mobile home and manufactured home dealer or manufacturer licensed as provided in this chapter, metal number plates displaying a general distinguishing number. The dealer or manufacturer shall make application to the department for the …

In addition to the license fees assessed in § 32-7A-10 , the department shall collect from the dealer one dollar and fifty cents per decal or seven dollars and fifty cents per license plate if a decal or plate is sent to the dealer through the mail. If the dealer requests that th…

New and used mobile homes and manufactured homes owned by a dealer may be transported upon the streets and highways to the dealer's place of business and to the purchaser of such a home and between a dealer's place of business and a supplemental lot or a temporary supplemental lo…

A dealer or manufacturer licensed under the provisions of this chapter shall keep books, records, or files for five years in the form prescribed by the Department of Revenue, and include the following in the dealer's books, records, or files: (1) A record of the purchase, sale, o…

A dealer may offer for sale, sell, or exchange a mobile or manufactured home without a certificate of title if the dealer complies with the following applicable provisions: (1) The dealer has a record of purchase, sale, or exchange of a mobile or manufactured home to include the …

If a person trades in a mobile or manufactured home to a dealer or enters into a consignment agreement with a dealer whereby the dealer will sell the mobile or manufactured home and the mobile or manufactured home has a lien noted on the title, the dealer and person may agree tha…

If a dealer enters into an agreement pursuant to § 32-7A-12.2 , the dealer shall satisfy the lien within ten business days after the receipt of funds. No dealer may offer the mobile or manufactured home for sale until payment has been tendered to the lienholder, except on a consi…

No person may make fraudulent statements or omissions in contracts for sale, trade, or purchase of a mobile home or manufactured home. A violation of this section is a Class 1 misdemeanor. Source: SL 1984, ch 223 , § 13. 32-7A-14. Repealed by SL 1986, ch 251 , § 13.

32-7A-14.1 Power of secretary to make rules and require uniformity in administration of statute--Duty of local officials. 32-7A-15 Used mobile or manufactured homes--Activities authorized by dealer or real estate license--Responsibilities of real estate licensee. 32-7A-16 Sales o…

The secretary of revenue may adopt rules and issue such instructions as may be necessary to ensure and obtain uniformity in the administration of this chapter. All local officials charged with the administration of the provisions of such chapter are governed in their official act…

Any person licensed as a mobile home and manufactured home dealer under this chapter and any person licensed as a real estate salesperson or broker under chapter 36-21A , may buy, sell, offer to buy, solicit prospective purchasers of, solicit or obtain listings of, obtain listing…

Any mobile home or manufactured home sold on consignment under the provisions of this chapter, shall have a saleable title from the current owner. The title shall be transferred and recorded at the time of each sale. Source: SL 1984, ch 223 , § 16.