Title 37 — TRADE REGULATION
48 chapters · 598 sections in this title.
SDCL § 37-37-1 Definitions
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Term used in this chapter mean: (1) "Consumer," the purchaser, other than for purposes of resale, of new farm machinery used for agricultural purposes, who is entitled by the terms of the warranty to enforce the obligations of the warranty; (2) "Express warranty," a written warra…
SDCL § 37-37-10 Farm machinery dealer not liable
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Nothing in this chapter imposes any liability upon a farm machinery dealer or authorized dealer or creates a cause of action by a consumer against a farm machinery dealer or authorized dealer. No manufacturer may charge back or require reimbursement by a farm machinery dealer or …
SDCL § 37-37-11 Time limitation for action
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Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the farm machinery to the consumer. Source: SL 2019, ch 178 , § 11.
SDCL § 37-37-2 Manufacturer to repair nonconforming condition of new farm machinery upon notice from consumer
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If new farm machinery does not conform to any applicable express warranty and the consumer delivers the farm machinery to the manufacturer or its authorized dealer and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the farm mac…
SDCL § 37-37-3 Replacement of farm machinery which cannot be repaired--Return of farm machinery and refund
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If, after reasonable attempts, the manufacturer or its authorized dealer is unable to conform the farm machinery to any express warranty by repairing or correcting a nonconforming condition of the farm machinery which first occurred during the lemon law rights period, the manufac…
SDCL § 37-37-4 Refund to be made to consumer and any lien holders--Allowance for use
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Refunds shall be made to the consumer and any lien holders, as their interests may appear. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer's use of the farm machinery. A reasonable allowance for use is that amount direct…
SDCL § 37-37-5 Presumption of reasonable attempts to correct nonconforming condition
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It is presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of twenty-four months following delivery of the farm machinery, either of the following events occurred: (1) The same nonconforming condition was s…
SDCL § 37-37-6 Civil action to enforce chapter--Notice and final opportunity to cure
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A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform the manufacturer's obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of…
SDCL § 37-37-7 Affirmative defenses to civil action
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It is an affirmative defense to any claim against the manufacturer under this chapter that: (1) An alleged nonconforming condition does not significantly impair the use, market value, or safety of the farm machinery; or (2) A nonconforming condition is a result of abuse, neglect,…
SDCL § 37-37-8 Attorney fees
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If the manufacturer has breached the manufacturer's obligations imposed under this chapter, the consumer may recover an award for reasonable attorney fees. Source: SL 2019, ch 178 , § 8.
SDCL § 37-37-9 Disclosure to subsequent purchaser of return of farm machinery and nature of nonconformity
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If farm machinery has been returned to the manufacturer under the provisions of this chapter or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless the…