In the realm of vehicle ownership and restoration, navigating legal requirements is a crucial step to legitimizing the status of a rebuilt or homemade vehicle. The South Carolina Department of Motor Vehicles has laid out a specific procedure for individuals embarking on this journey, encapsulated in the DMV 4038 form, titled "Affidavit of Rebuilt or Homemade Vehicle". This form serves as a sworn statement by the owner asserting the legal acquisition of the vehicle parts and the rightful ownership of the vehicle itself. Whether the vehicle is rebuilt from existing parts or constructed from scratch, this affidavit plays a key role in establishing a legal foundation for its roadworthiness and ownership. Comprising declarations about the vehicle’s make, year, model, body style, and crucial components replaced, it highlights the transformation or creation process the vehicle has undergone. Furthermore, the form carries significant legal ramifications, including responsibility for any liens or encumbrances, and warns of felony charges for falsifying information, underscoring the seriousness with which the state treats such declarations. Instructions on the reverse side of the form meticulously guide the owner through the subsequent steps required to obtain a title, such as submitting a complete Form 400 (Application for Title), providing necessary documentation like a bill of sale, and potentially acquiring a new vehicle identification number (VIN) if none exists. This thorough process ensures that rebuilt and homemade vehicles meet the state’s safety and legal standards before hitting the road, reflecting a comprehensive approach to vehicle regulation.
| Question | Answer |
|---|---|
| Form Name | Dmv Form 4038 |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | encumbrances, sc dmv form 4038, South_Carolina, CERTIFICATION |
South Carolina Department of Motor Vehicles
AFFIDAVIT OF REBUILT OR HOMEMADE VEHICLE
4038
(Rev. 6/03)
Under penalties of perjury, I declare that I am the legal and rightful owner of the vehicle described below and that I purchased or came into possession of the motor, body, frame and other necessary parts in a legal and lawful manner and that these component parts were acquired or purchased for the purpose of assembling or rebuilding the vehicle described below.
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VEHICLE IDENTIFICATION NO. |
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VEHICLE IS CLASSIFIED AS: (Check only one)
REBUILT |
HOMEMADE |
The vehicle has the following major components replaced:
CUSTOM KIT CAR
AFFIDAVIT OF RESPONSIBILITY: (Check only if previous title is not available)
I shall be responsible for any liens or encumbrances with may be filed against the above described vehicle, as I have exhausted all means of obtaining the previous title for same as shown by the attached documentation.
Signature of Applicant
WARNING: Making a material false statement, failing to disclose a security interest or concealing any material fact in an application for vehicle title with fraudulent intent constitutes a felony. A felony under this act is punishable by imprisonment of not more than five (5) years.
CERTIFICATION OF AN AUTHORIZED AGENT OF THE
SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES
This is to certify that I have examined the above described vehicle and found the vehicle identification number listed on this form is properly affixed on this vehicle.
Signature of Agent |
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SEE REVERSE SIDE FOR INSTRUCTIONS
South Carolina Department of Motor Vehicles
AFFIDAVIT OF REBUILT OR HOMEMADE VEHICLE
4038
(Rev. 6/03)
INSTRUCTIONS
NOTE: If it is available, the previous certificate of title must always be turned in to the Department. If the certificate of title is not available, the Department will inform you what documents are needed. The Department will not issue you a title based on this affidavit alone.
1.You must complete form 400 (Application for Title). If you are purchasing a license plate or transferring a plate from another vehicle to this vehicle, you must also complete Section 2 of the Form 400.
2.You must turn in the previous certificate of title and/or registration with this form and the application for title.
3.The title to the vehicle must be properly assigned to you. Any lien listed on the title must be released or cleared.
4.A bill of sale and/or receipts for parts and any custom kit documents used to rebuild or make the vehicle must also be attached.
5.If you are not submitting the previous certificate of title to the Department, you must submit the Salvage Title.
6.If no vehicle identification number (VIN) is on the vehicle, a number must be assigned to it. The VIN number must be placed on the vehicle and inspected by an authorized agent of the Department. The agent will sign this form verifying the vehicle identification (VIN) number.
7.A paid personal property tax receipt in the owner’s name is required to purchase plates for the vehicle. The tax receipt should be for the current year.
8.You must pay for a title, and, if applicable, a registration fee and casual sales tax or excise tax on the vehicle.