Business sale — What You Need to Know
A business entity (LLC, corporation, partnership) is either the buyer or seller. The transaction requires proof of authority for the individual signing on behalf of the entity.
Seller guidance
If the business is selling, ensure the person signing the bill of sale has authority under the business's operating agreement, bylaws, or a board resolution. The title should be in the business's legal name. Provide the buyer with documentation of signatory authority (e.g., a certificate of incumbency or corporate resolution).
Buyer guidance
If buying on behalf of a business, confirm your authority to purchase in the business's organizational documents. The title should be issued in the business's legal name, and your EIN will be needed for the registration. If purchasing a vehicle from a business, verify the seller's representative has authority and that any prior UCC or tax liens on the vehicle are released.
Legal note
Contracts signed by an unauthorized representative of a business entity may be voidable under agency law and state corporation/LLC statutes. A business seller must ensure no UCC lien (Article 9 fixture filing) or federal/state tax lien is attached to the vehicle. Business vehicle sales may trigger additional tax reporting obligations (Form 4797 for depreciated business assets, potential sales tax on the entity's basis).
Business sale checklist
- Confirm the signatory has authority (operating agreement, board resolution, or power of attorney)
- Verify the title is in the exact legal name of the business entity
- Run a UCC and tax lien search on the business seller
- Obtain an EIN for title registration if buying on behalf of an entity
- Consult a tax advisor regarding depreciation recapture and Form 4797 implications
Side by Side Safety & Recall Information
Data sourced from NHTSA safety ratings and recall databases
Average Safety Rating
0 / 5
Avg. Price Range
$5,000–$30,000
Odometer Disclosure
Not required
Safety checkpoints for side by side buyers
- Verify ROPS (cage) is intact and meets manufacturer specifications
- Check all seat belts and door/net latching mechanisms
- Inspect CV axles and boots — the highest-wear item on side-by-sides
- Test power steering operation and differential lock engagement
- Confirm headlights, taillights, brake lights, and (where required) turn signals function
- Verify horn and reverse-warning beeper operation
- Check that windshield (if equipped) is rated and unmodified
- Inspect parking brake operation on a 15-degree slope
Common recall categories
SteeringFuel SystemFire HazardSuspensionThrottle
On average, each side by side model has approximately 2.6 recalls. Always check your specific vehicle at NHTSA.gov/recalls before completing a sale.
Fallon Business sale side by side pdf — when to file
South Dakota requires title transfer within 45 days of the sale date on the bill of sale. For business sale transactions specifically, file at South Dakota DMV – Fallon (Visit https://dps.sd.gov/driver-licensing to find the nearest Fallon office) during normal hours: Mon–Fri 8:00 AM–5:00 PM (verify hours with local office). Miss the 45-day window and South Dakota typically charges a late-transfer penalty plus accrued use tax, and the seller can remain on the title for civil liability until the buyer completes retitling. Bring the signed title, the completed Fallon bill of sale, your government-issued ID, and payment for the $10.00 title transfer fee plus 4% sales tax on the purchase price.
PDF reminder. Whether you keep your pdf as a signed digital PDF, both buyer and seller should leave the signing with an identical executed copy. The buyer needs the original to present at South Dakota DMV – Fallon; the seller keeps a duplicate to prove the date of transfer if a future liability question arises before the title fully retitles.