Free South Dakota As-Is Bill of Sale
South Dakota's lemon law (SDCL § 32-6D) covers only new vehicles purchased from dealers — a private as-is sale carries zero statutory warranty protection for the buyer. Under the SD UCC (SDCL § 57A-2-316), an "AS IS" disclaimer must be conspicuous to validly waive implied warranties. SD Consumer Protection (SDCL § 37-24-6) applies to businesses, not private sellers, so a casual private seller faces no consumer-protection liability as long as they avoid active fraud.
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South Dakota As-Is Bill of Sale — What You Need to Know
Sales Tax Details
South Dakota imposes a 4% motor vehicle excise tax on the purchase price. There is no general sales tax on vehicles — the excise tax is the sole vehicle tax.
Inspection Requirements
South Dakota has no mandatory safety or emissions inspection requirement for private vehicle sales.
South Dakota As-Is Sale — Step-by-Step Checklist
- Obtain a signed South Dakota certificate of title with the odometer reading filled in on the reverse.
- Draft an as-is bill of sale with the "AS IS — NO WARRANTIES" clause printed in bold or larger type to satisfy the UCC conspicuousness requirement.
- Record the full VIN, year, make, model, mileage, sale price, and date on the bill of sale.
- Both buyer and seller sign two copies of the bill of sale; each party retains one.
- Seller removes license plates — South Dakota plates stay with the seller, not the vehicle.
- Buyer submits title and 4% excise tax payment to the county treasurer's office within 45 days.
- Seller notifies the SD DMV of the sale to release liability for future tickets or incidents.
Common Pitfalls
- Conspicuousness failure: burying "as is" in the same-size body text of a printed form can void the disclaimer under SDCL § 57A-2-316 — print it bold, capitalized, or in a larger font.
- Odometer omission: federal law (49 U.S.C. § 32705) requires a written odometer disclosure on the title or a separate statement for most vehicles under 10 years old — missing this exposes sellers to federal penalties.
- Leaving plates on the vehicle: South Dakota plates belong to the seller; leaving them on shifts liability for future infractions to the seller.
- Waiting too long to notify the DMV: even after handing over the title, the seller's name stays on state records until the DMV receives a notice of sale — report immediately to avoid toll, parking, or impound liability.
- Undervaluing the sale price: the SD excise tax is assessed on the sale price stated in the transfer documents — intentionally understating the price to reduce tax is tax fraud.
Pro Tip
South Dakota's streamlined 4% excise tax and county-based title system make private as-is sales relatively straightforward — but a conspicuous written disclaimer and prompt DMV notification are non-negotiable steps that protect sellers from post-sale liability.