When a person repairs, tows or stores a vehicle and has not been paid by the owner of the vehicle for services rendered, that person is entitled to a lien against the vehicle. A lien generally arises (becomes effective, depending on state law) at the time the registered owner is presented with a written statement of charges for completed work or service.
For maximum protection of the potential lien holder, a contract provision should give the lien holder the right to sell the property to satisfy the lien. While a lien holder relying on a common-law lien will acquire the right to detain the property until payment of the debt, the lien holder will not necessarily acquire the right to enforce the lien by selling the property unless the right is conferred by statute or by contractual agreement.
If the vehicle in your possession is in another state (other than where it arose), and you are in that state to seize the vehicle, you must generally follow the lien sale laws of that state.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
South Dakota Agreement to Repair Motor Vehicle with Authorization for Lien and Sale on Nonpayment of Repair Charges is a legally binding document typically used between an automotive repair shop and a vehicle owner. This agreement outlines the terms and conditions under which the repair shop will provide repair services, as well as the consequences if the owner fails to pay for the services rendered. There are a few different types of South Dakota Agreement to Repair Motor Vehicle with Authorization for Lien and Sale on Nonpayment of Repair Charges, each suited for different situations. These include: 1. Standard Agreement: This is the most common type of agreement used between a repair shop and a vehicle owner. It includes the basic terms and conditions of the repair services, payment obligations, and the authorization for a lien on the vehicle in case of nonpayment. 2. Commercial Vehicle Agreement: This agreement is specifically designed for the repair of commercial vehicles, such as trucks or vans. It may include additional provisions relating to the unique needs and requirements of commercial vehicles, such as extended payment terms or specific repair procedures. 3. Luxury Vehicle Agreement: This type of agreement caters to the repair of luxury or high-end vehicles. It may have additional clauses addressing the use of genuine OEM parts, specific repair techniques, and higher payment obligations due to the increased cost of repairs. 4. Insurance Claim Agreement: When the repair is being paid for by an insurance company, this agreement is used to outline the repair services and obligations of both the repair shop and the insurance company. It may include provisions for direct payment to the repair shop from the insurance company. The South Dakota Agreement to Repair Motor Vehicle with Authorization for Lien and Sale on Nonpayment of Repair Charges typically includes the following key elements: 1. Parties Involved: The names and contact information of both the repair shop and the vehicle owner. 2. Vehicle Information: The make, model, year, and VIN (Vehicle Identification Number) of the vehicle being repaired. 3. Repair Services: A detailed description of the repair services to be performed, including the estimated cost of labor and parts, and any additional terms or conditions. 4. Payment Terms: The agreed-upon payment terms, including the total cost of repairs, due date, and accepted forms of payment. 5. Authorization for Lien: The vehicle owner's acknowledgment and consent to grant the repair shop a lien on the vehicle in case of nonpayment. 6. Sale on Nonpayment: A provision that allows the repair shop to sell the vehicle to recover any outstanding repair charges if the owner fails to pay within a specified period. 7. Governing Law: The agreement will specify that it is governed by the laws of South Dakota. 8. Signatures: Both parties must sign and date the agreement to indicate their acceptance and understanding of the terms and conditions. It's important to note that this is just a general description of a South Dakota Agreement to Repair Motor Vehicle with Authorization for Lien and Sale on Nonpayment of Repair Charges. Specific agreements may vary in content and wording, depending on the repair shop's policies, the nature of repairs, and other factors.South Dakota Agreement to Repair Motor Vehicle with Authorization for Lien and Sale on Nonpayment of Repair Charges is a legally binding document typically used between an automotive repair shop and a vehicle owner. This agreement outlines the terms and conditions under which the repair shop will provide repair services, as well as the consequences if the owner fails to pay for the services rendered. There are a few different types of South Dakota Agreement to Repair Motor Vehicle with Authorization for Lien and Sale on Nonpayment of Repair Charges, each suited for different situations. These include: 1. Standard Agreement: This is the most common type of agreement used between a repair shop and a vehicle owner. It includes the basic terms and conditions of the repair services, payment obligations, and the authorization for a lien on the vehicle in case of nonpayment. 2. Commercial Vehicle Agreement: This agreement is specifically designed for the repair of commercial vehicles, such as trucks or vans. It may include additional provisions relating to the unique needs and requirements of commercial vehicles, such as extended payment terms or specific repair procedures. 3. Luxury Vehicle Agreement: This type of agreement caters to the repair of luxury or high-end vehicles. It may have additional clauses addressing the use of genuine OEM parts, specific repair techniques, and higher payment obligations due to the increased cost of repairs. 4. Insurance Claim Agreement: When the repair is being paid for by an insurance company, this agreement is used to outline the repair services and obligations of both the repair shop and the insurance company. It may include provisions for direct payment to the repair shop from the insurance company. The South Dakota Agreement to Repair Motor Vehicle with Authorization for Lien and Sale on Nonpayment of Repair Charges typically includes the following key elements: 1. Parties Involved: The names and contact information of both the repair shop and the vehicle owner. 2. Vehicle Information: The make, model, year, and VIN (Vehicle Identification Number) of the vehicle being repaired. 3. Repair Services: A detailed description of the repair services to be performed, including the estimated cost of labor and parts, and any additional terms or conditions. 4. Payment Terms: The agreed-upon payment terms, including the total cost of repairs, due date, and accepted forms of payment. 5. Authorization for Lien: The vehicle owner's acknowledgment and consent to grant the repair shop a lien on the vehicle in case of nonpayment. 6. Sale on Nonpayment: A provision that allows the repair shop to sell the vehicle to recover any outstanding repair charges if the owner fails to pay within a specified period. 7. Governing Law: The agreement will specify that it is governed by the laws of South Dakota. 8. Signatures: Both parties must sign and date the agreement to indicate their acceptance and understanding of the terms and conditions. It's important to note that this is just a general description of a South Dakota Agreement to Repair Motor Vehicle with Authorization for Lien and Sale on Nonpayment of Repair Charges. Specific agreements may vary in content and wording, depending on the repair shop's policies, the nature of repairs, and other factors.
