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May 26, 2016

South Dakota Vehicle Identification Numbers
How do you get a vehicle history in the state of South Dakota?

In the state of South Dakota, you can perform an Online VIN/HIN Search through the South Dakota Department of Transportation’s website by using the VIN number. The South Dakota Division of Motor Vehicles has an Electronic Lien & Title System meaning that a title certificate is not printed on any title that is issued which indicates that there is a lien. Although liens are typically something you deal with when purchasing a used car, it is important because you don’t want to purchase a vehicle which has an outstanding debt against it. If you do then you are, in effect, purchasing the debt as well and you will not be able to register the car until you pay what money is due. In some states, debts like child support can be attached to a vehicle instead of just an individual so it vital that you know whether or not your car has any outstanding liens.

You can also research the safety of cars, car-seats and recalls by VIN and Vehicle Manufacturers by looking at the National Highway Safety Transportation Association website.

The state of South Dakota recommends checking the National Motor Vehicle Title Information System to gather more information about the history of your vehicle.

South Dakota Electronic Lender Guide

South Dakota Electronic Lien & Title (ELT)

Electronic Lien & Title (ELT) provider list and contact information

South Dakota ELT – Lender Application

South Dakota ELT – Nonparticipating Lender Request for Paper Title

South Dakota Notification to Submit Title

Order to Cancel Lien for Nonparticipating ELT Lender

Email for questions about the Electronic Lien & Title process: DOR.DMVELT@state.sd.us

Should you run other checks on motor vehicle safety?

Yes, definitely. While it is good to know the current title information on a car, knowing the history is very important. There are quite a few companies which run VIN and/or license plate checks in the state of Rhode Island, some of which cost money and some which provide a certain number of free searches per IP address in a 24 hour period.

One of the more complete VIN checks that you can get is from the National Motor Vehicle Title Information System. NMVTIS is a database which provides data on cars that have been in recycling yards, junkyards, and salvage yards. They provide information in five key areas which are associated with auto fraud and theft:

  1. Current State Title and Last Title Date;
  2. Brand History – these are descriptive labels applied by motor vehicle titling agencies and include the terms “junk,” “salvage,” and “flood.” This helps protect consumers from purchasing a damaged vehicle without knowing the condition of the car. In Rhode Island, which allows consumers to purchase “rebuilt” cars, knowing the history and the “brand” of a car may save you from paying far more than a vehicle is worth or from buying a vehicle which is unsafe or has the potential to be unsafe due to its history;
  3. Odometer Reading – people have been known to “roll the odometer back” to decrease the appearance of miles on a vehicle. This makes the vehicle appear to be worth more than it is worth, and it may also cause a consumer to purchase a vehicle which is unsafe. Odometer readings are recorded at the transfer of the title, so it can be a useful tool to check for any discrepancies of the vehicle’s history;
  4. Total Loss History – when a vehicle has been declared a total loss it has had severe damage. Knowing this information could save a consumer from paying more than what the vehicle is worth or from purchasing a vehicle which is unsafe; and
  5. Salvage History – vehicles with a salvage history have had severe damage. Knowing this information could save you money or save you from purchasing a car that is unsafe.

The data reported to NMVTIS must be reported on every vehicle which they receive into inventory each month and includes:

  • The name, address, and contact information for the reporting entity;
  • VIN;
  • Date the automobile was obtained;
  • Name of the individual or entity from whom automobile was obtained (this information is only to be used by law enforcement and other government agencies);
  • A statement of whether the automobile was crushed or disposed of, offered for sale, or other purposes; and
  • Whether the vehicle is intended for export out of the United States.

The public can’t access the NTMVIS database, but you can use one of the services which can access it and you should. Some of the ones that are advertised on the NTMVIS website include, but aren’t limited to:

  • Clearvin.com
  • Vinaudit.com
  • Instavin.com
  • Titlecheck.us
  • Vinsmart.com

There is also a database, VINcheck, which is run by the National Insurance Crime Bureau (NICB) and recommended by the state of Rhode Island. They provide VIN checks to the public which will tell you if the car has been reported stolen and not found, and if the vehicle has been in a salvage yard. Rhode Island also recommends using a private agency, i.e. Carfax, for a vehicle history check, conducting a physical inspection, taking the car on a test drive, and getting an independent inspection.

If you purchase a car and believe that you have been the victim of fraud you are asked to contact the National Insurance Crime Board by:

  • Texting the keyword “FRAUD” to TIP411 (847411);
  • Call 800.TEL.NICB (800.835.6422); or
  • Submit a form online.

Consumers can file complaints with the state of South Dakota Division of Consumer Protection in the Office of the Attorney General at 1-800-300-1986 or online.

NMVTIS

NICB

South Dakota Department of Consumer Protection

Lemon Law in South Dakota

The Lemon Law in South Dakota can be found in S. D. Codified Laws Ann. § 32-6D-1 et seq. The South Dakota Lemon Law covers any motor vehicle which is intended primarily for use on the public highways, but it does not cover motorhomes, vehicles with a gross vehicle weight rating of 10,000 pounds or more, or vehicle converters.

The lemon law in South Dakota appears to cover used vehicles as long as they are still covered under the manufacturer’s original warranty.

A “lemon” is a defect or condition that substantially impairs the use and market value of the passenger motor vehicle. This is referred to as “nonconforming conditions.” These problems, or defects, cannot be due to an accident, abuse, neglect, or unauthorized alteration of the vehicle and must occur or slowly build over the normal course of operation of the vehicle.

If your vehicle fits the description of a lemon, and then the manufacturer, its agent, or authorized dealer is unable to correct the defect or nonconformity after a “reasonable number of repair attempts,” the manufacturer must replace or repurchase the vehicle from the consumer.

The South Dakota lemon law presumes that the consumer has notified the manufacturer that there is a problem and the manufacturer and consumer have both allowed for a reasonable number of attempts to repair the vehicle if, during the first 24 months following the delivery of the vehicle, or the first 24,000 miles, whichever occurs first, either of the following happened:

  1. The same nonconformity has been subject to repair four (4) or more times, at least one of which occurred during the lemon law rights period, plus a final attempt by the manufacturer, and yet the problem continues to exist; or
  2. The vehicle has been out of service or in the custody of the manufacturer or an authorized dealer for repair for a cumulative total of at least thirty (30) business days, at least one of which occurred during the lemon law rights period, plus a final attempt by the manufacturer, and the nonconforming condition continues to exist

The above presumptions do not apply unless the manufacturer has received prior direct notification, by certified mail with return receipt requested, which describes the nonconforming condition, and all previous attempts to correct the nonconforming condition, including the identities of those who made the attempts and the times the attempts were made.

If the number of repair attempts meets the above presumption then the consumer must give the manufacturer a final opportunity to cure the nonconforming condition The manufacturer must notify the consumer within seven (7) days of receipt of the notification of a reasonably accessible repair facility to attempt one final attempt at repairing the vehicle. After the customer has delivered the vehicle to the repair facility, the manufacturer has fourteen (14) days to correct the condition and conform the vehicle to the express warranty.

Arbitration or Dispute Resolution

If your car meets the conditions of being a lemon, you must work with the manufacturer through the mediation or arbitration procedures. This is when an impartial third party becomes involved to facilitate the process without the involvement of any attorneys. To prepare for your arbitration you should keep ALL correspondence from both the manufacturer and the dealer, including:

  • Receipts for all car maintenance and repairs;
  • Letters from mechanics;
  • Letters from the manufacturers, dealers, and repair shops; and
  • Any additional maintenance records for the vehicle.

Only manufacturers who have an informal dispute settlement procedure which substantially complies with 16 C.F.R. Part 703 can have a state supported informal dispute settlement procedure. The decision of the arbitration board is binding to the manufacturer, but it is not for the consumer and the consumer has the right to take the manufacturer to court if they lose in arbitration. The manufacturers who participate in the Better Business Bureau AUTO LINE informal dispute resolution in South Dakota are:

  • Audi, Bentley, Buick, Cadillac, Chevrolet, Ford, GMC Truck, Hyundai, Indian Motorcycle, Infiniti, Kia, Land Rover, Lincoln, Lotus, Mazda, Mercury, Nissan, Oldsmobile, Pontiac, Saab, Saturn, smart USA, and Volkswagen.

If you wish to file a Consumer Complaint with the South Dakota Consumer Protection Division, you can do so online.

South Dakota Lemon Law

DMV South Dakota Lemon Law

South Dakota Consumer Protection Division Lemon Law

South Dakota Consumer Protection Division Complaint Form

When is it time to hire a Lemon Law Attorney?

Although the lemon laws appear to be clear, they can get confusing. When you are dealing with corporations and manufacturers it may be beneficial to have an attorney on your side. You are dealing with professional negotiators and many find it helpful to have an attorney or a professional on your side.

Lemon Law lawyers can help you with your case due to:

  • Knowledge of the law – Experienced lemon law lawyers not only know they law, but they can also make educated decisions about your case;
  • Experience – Attorneys who have experience with lemon law cases in the past will be able to handle your case better;
  • Negotiating Power – Although it sounds unfair, having an attorney will help the process go faster and smoother and will help compel the manufacturer to comply; and
  • Trusted Advice – your attorney can provide you with advice and can provide you the best ways to move forward.

To search for an attorney in South Dakota you can always search the South Dakota State Bar Association for a reputable attorney to handle your case.

State Bar of South Dakota

222 E. Capitol Avenue #3

Pierre, SD 57501

Phone: 605-224-7554

Fax: 605-224-0282

Lawyer Referral Service: (800) 952-2333

South Dakota State Bar Association

South Dakota Lawyer Referral Service

Mitchell Driver License Office
Department of Motor Vehicles
1315 N Main St #100
1 605-773-6883

South Dakota Driver Licensing Program
Driver’s License Office
118 W Capitol Ave
1 605-773-6883

Motor Vehicles Division
Department of Motor Vehicles
445 E Capitol Ave
1 605-773-3541

Rapid City Driver’s License Exam Station
Department of Motor Vehicles
1301 E Catron Blvd #105
1 605-394-2912
Open until 5:30 PM

Driver License Exam Station
Department of Motor Vehicles
2501 W Russell St
1 800-952-3696
Open until 5:30 PM

South Dakota Driver License Office
Department of Public Safety
1315 N Main St #100
1 800-952-3696

Huron Driver License Office
Department of Public Safety
289 Dakota Ave S #5
1 800-952-3696

Vermillion Driver Exam Station
Driver’s License Office
11 East Cherry Street
1 800-952-3696

Driver License Exam Station
Department of Motor Vehicles
2729 US-12
1 605-626-2549

Yankton Driver License Office
Driver’s License Office
3113 Spruce St #109
1 605-773-6883

Brookings Dmv
Driver’s License Office
910 4th St
1 800-952-3696

Driver License Exam Station
State Government Office
2729 US-12
1 605-626-2549

Lincoln County Treasurer
Department of Motor Vehicles
104 N Main St #100
1 605-764-5701

Driver Licensing Program
Driver’s License Office
118 W Capitol Ave
1 605-773-6883

Sturgis Driver License Office
Department of Motor Vehicles
1401 Lazelle St
1 800-952-3696

Clay County Treasurer
Department of Motor Vehicles
211 W Main St #201
1 605-677-7123

Brown County Treasurer
Department of Motor Vehicles
25 Market St # 2
1 605-626-7133

Tripp County Treasurer
Department of Motor Vehicles
200 E 3rd St
1 605-842-1700

Dewey County Treasurer
Department of Motor Vehicles
700 C St
1 605-865-3501

Union County Treasurer
Department of Motor Vehicles
209 E Main St #220
1 605-356-2391

Department of Motor Vehicles Dupree
Department of Motor Vehicles
215 S Main St
1 605-365-5173

Jackson County Treasurer
Department of Motor Vehicles
700 Main St
1 605-837-2423

Walworth County Treasurer
Department of Motor Vehicles
4304 4th Ave
1 605-649-7737

Deuel County Treasurer
Department of Motor Vehicles
408 4th St W
1 605-874-2483

Hand County Treasurer
No reviews · Department of Motor Vehicles
415 W 1st Ave #201
1 605-853-2136

Potter County Treasurer
Department of Motor Vehicles
201 S Exene St
1 605-765-9403

Marshall County Treasurer
Department of Motor Vehicles
911 Vander Horck St
1 605-448-2451

Ipswich Driver License Office
Department of Motor Vehicles
210 2nd Ave
1 605-426-6762

Beadle County Treasurer
Department of Motor Vehicles
450 3rd St SW
1 605-353-8405

Jerauld County Treasurer
Department of Motor Vehicles
205 Wallace Ave S
1 605-539-1241

County Treasurer
Department of Motor Vehicles
111 2nd St NE
1 605-955-3388

Hyde County Treasurer
Department of Motor Vehicles
412 Commercial Ave SE
1 605-852-2510

Aurora County Treasurer
Department of Motor Vehicles
401 N Main St
1 605-942-7162

Douglas County Treasurer
Department of Motor Vehicles
706 Braddock St
1 605-724-2318

Minnehaha County Treasurer
County Government Office
415 N Dakota Ave
1 605-367-4211

Sully County Treasurer
Department of Motor Vehicles
700 Ash Ave
1 605-258-2444

County Treasurer
Department of Motor Vehicles
726 Main St
1 605-439-3544

Kingsbury County Treasurer
Department of Motor Vehicles
202 2nd St SW
1 605-854-3411

Jones County Treasurer
Department of Motor Vehicles
310 Main St
1 605-669-7106

Pennington County Treasurer’s Office
Tax Collector’s Office
130 Kansas City St #250
1 605-394-2163

Edmunds County Treasurer
Department of Motor Vehicles
210 2nd Ave
1 605-426-6801

Haakon County Treasurer
Department of Motor Vehicles
140 Howard Ave
1 605-859-2612

Kadoka Driver License Office
Department of Motor Vehicles
700 Main St
1 605-837-2420

Meade County Treasurer
Tax Department
1300 Sherman St # 107
1 605-347-5871

Treasurer Department
County Government Office
200 Center St E
1 605-256-7618

Moody County Treasurer
Tax Department
101 E Pipestone Ave # A
1 605-997-3171

McCook County Treasurer
Tax Collector’s Office
130 W Essex Ave
1 605-425-2721

Turner County Treasurer
City Tax Office
400 S Main St
1 605-297-4425

Davison County Treasurer
Tax Department
200 E 4th Ave
1 605-995-8617

Butte County Treasurer
Tax Department
839 5th Ave #1
1 605-892-4456

Day County Treasurer
Tax Department
711 1st St W # 206
1 605-345-9510

Faulk County 4-H Office
State Government Office
S, 110 N 9th Ave
1 605-598-6221

Dakota City DMV
Department of Motor Vehicles
1601 Broadway St
1 402-494-8260

AAA South Dakota Aberdeen
Auto Insurance Agency
1715 6th Ave SE
1 605-229-5000

AAA South Dakota Brookings
Auto Insurance Agency
Brickwood Plaza
1812 6th St
1 605-692-5111

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