An auctioneer may not sell a vehicle that has a certificate of title with a lien on it for less than the full amount of the lien, without the advance written consent of the lien holder. An auctioneer may not release the proceeds from the sale of a vehicle with a lien on the title until the lien holder signs a release of the lien. A violation of this section is a Class 2 misdemeanor.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 2 misdemeanorup to 30 daysup to $500
For details, see § 22-6-2

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Terms Used In South Dakota Codified Laws 32-3-61

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

Source: SL 1986, ch 27, § 15; SL 1989, ch 255, § 5.