Title 37 — TRADE REGULATION
48 chapters · 598 sections in this title.
SDCL § 37-5-1 Coercion of dealer to force unwanted purchases as misdemeanor
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It is a Class 1 misdemeanor for any manufacturer, factory, branch, distributor, or distributor - branch, or any field representative, officer, agent, or representative of any of them to coerce or attempt to coerce any dealer to purchase or accept delivery of any merchandise, repa…
SDCL § 37-5-1.1 Omitted 37-5-2 Coercion of dealer to control sales or force expenditures as misdemeanor
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37-5-3 Unfair cancellation of dealer franchise as misdemeanor. 37-5-4 Civil liability for damages from violation. 37-5-5 Cancellation of contract--Recovery of costs and charges by dealer--Transfer of title and possession. 37-5-5.5 Reimbursement for computer and signage costs incu…
SDCL § 37-5-10 Current unused complete farm implements, machinery or attachments defined
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For the purposes of §§ 37-5-5 and 37-5-9 , the term, current unused complete farm implements, machinery, and attachments, means any unused complete farm implement, machinery, or attachment which is less than two years old as determined by the date of invoice. Source: SL 1991, ch …
SDCL § 37-5-11 Restriction of jurisdiction or venue to out-of-state forum or requiring application of foreign law prohibited
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Any provision in any agreement evidenced by a franchise agreement, sales agreement, security agreement, or other form of agreement or arrangement of like effect between any wholesaler, manufacturer, distributor of farm machinery or implements, or distributor of industrial or cons…
SDCL § 37-5-12 Waiver of law void
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Any condition, stipulation, or provision in any agreement evidenced by a franchise agreement, sales agreement, security agreement, or other form of agreement or arrangement of like effect, purporting to waive compliance with any provision of this chapter, or other provision of st…
SDCL § 37-5-12.1 Dealer defined
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For the purposes of §§ 37-5-1 to 37-5-12 , inclusive, the term, dealer, means any person, or the person's successor who, for commission or with intent to make a profit or gain, sells, exchanges, rents, leases with the option to purchase, or offers or attempts to negotiate a sale …
SDCL § 37-5-12.2 Merchandise defined
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For the purposes of §§ 37-5-1 to 37-5-12 , inclusive, the term, merchandise, means: (1) Automobiles, trucks, motorcycles, motor homes or travel trailers of the type and kind required to be titled and registered pursuant to chapters 32-3 and 32-5 , and accessories; (2) Farm tracto…
SDCL § 37-5-12.3 Contract defined
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For the purposes of §§ 37-5-1 to 37-5-12 , inclusive, the term, contract, means any written franchised agreement, sales agreement, dealer agreement, or security agreement, or other form of agreement or arrangement of like effect and its successor. Source: SL 2004, ch 254 , § 3.
SDCL § 37-5-12.4 Merchandise manufacturer or supplier compensation of dealer for diagnostic and warranty work
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Any manufacturer or supplier of merchandise as defined in subdivision 37-5-12.2 (5), (8), or (9) that authorizes a dealer of such merchandise to perform the warranty work is obligated to provide that dealer reasonable compensation for diagnostic work, as well as repair service, p…
SDCL § 37-5-13 SDCL 37-5-13
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Definition of terms used in §§ 37-5-13 to
SDCL § 37-5-14 Certain circumstances not cause for termination of dealership contract or entering into new dealership contract
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The following circumstances are not cause for the termination or discontinuance of a dealership contract, nor for entering into a dealership contract for the establishment of an additional dealership in a community for the same line - make: (1) The change of executive management …
SDCL § 37-5-15 Terms used in §§ 37-5-13 to 37-5-15 , inclusive, mean: (1) "Dealer," any person who receives machinery from a manufacturer under a dealership contract and who offers and sells the machinery to the general public from manufacturer authorized facilities in this state
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The term, dealer, does not include a single-line dealer or any person with total annual gross sales in this state and elsewhere of one hundred million dollars or more of industrial and construction equipment, attachments, replacement parts, and service related to the equipment, f…
SDCL § 37-5-16 Definitions
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Terms used in §§ 37-5-16 to 37-5-18 , inclusive, shall only be used for the purposes of §§ 37-5-16 to 37-5-18 , inclusive, and mean: (1) "Retailer of outdoor power equipment," a business that purchases outdoor power equipment for resale including: light industrial lawn and garden…
SDCL § 37-5-17 Manufacturer of outdoor power equipment required to compensate retailer for warranty work--Amount of compensation
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Any manufacturer of outdoor power equipment that authorizes the retailer of outdoor power equipment selling such equipment to perform the warranty work shall include reasonable compensation for diagnostic work, as well as repair service, parts, and labor to the retailer. Time all…
SDCL § 37-5-18 Inapplicability of §§ 37-5-16 and 37-5-17 where only method of sales is through retailer with exclusive trade territory
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The provisions of §§ 37-5-16 and 37-5-17 do not apply if the manufacturer's only method of sales is a contract with the retailer that provides for an exclusive trade territory and requires the retailer to make warranty repairs on such equipment. Source: SL 2004, ch 255 , § 3.
SDCL § 37-5-19 Civil action for violation of chapter
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Any dealer, as defined in § 37-5-12.1 or subdivision 37-5-13(1), whose business or property is injured by a violation of this chapter may bring a civil action to recover all court costs and reasonable attorney's fees in addition to all other remedies of law. Source: SL 2012, ch 1…
SDCL § 37-5-2 Coercion of dealer to control sales or force expenditures as misdemeanor
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It is a Class 1 misdemeanor for any manufacturer, factory, branch, distributor, or distributor - branch, or any field representative, officer, agent, or representative of any of them to coerce or attempt to coerce any dealer to enter into any agreement with the manufacturer, fact…
SDCL § 37-5-3 Unfair cancellation of dealer franchise as misdemeanor
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It is a Class 1 misdemeanor for any manufacturer, factory, branch, distributor, or distributor - branch, or any field representative, officer, agent, or representative of any of them, unfairly, without due regard to the equities of the dealer and without just provocation, to canc…
SDCL § 37-5-4 Civil liability for damages from violation
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Each and every person and corporation who or which violates any provision of §§ 37-5-1 to 37-5-3 , inclusive, shall be liable to any dealer damaged thereby for all damages caused to such dealer by such violation. Source: SL 1951, ch 262 , § 2; SDC Supp 1960, § 54.9911; SL 1977, c…
SDCL § 37-5-5 Cancellation of contract--Recovery of costs and charges by dealer--Transfer of title and possession
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If any dealer enters into a written contract; if the dealer maintains a stock of merchandise or repair parts for the merchandise with any wholesaler, manufacturer, or distributor; and if either the wholesaler, manufacturer, or distributor, or their successors, or the dealer, desi…
SDCL § 37-5-5.5 Reimbursement for computer and signage costs incurred under requirements of wholesaler, manufacturer or distributor
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A wholesaler, manufacturer, or distributor shall also repurchase from the dealer and the dealer shall sell any specialized computer hardware or software, specialized tool, or signage which the wholesaler, manufacturer, or distributor required the dealer to purchase or lease as pa…
SDCL § 37-5-6 Contracts subject to dealer's right to recovery of costs and charges on cancellation
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The provisions of § 37-5-5 relating to a retailer's right to cancel or discontinue a contract and receive payment for machines, attachments, and parts returned shall apply to all contracts in effect on July 1, 1969, which have no expiration date and are a continuing contract, and…
SDCL § 37-5-7 Determination of prices to be paid to dealer on cancellation of contract
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The prices of merchandise required to be paid to any dealer as provided in § 37-5-5 , shall be determined by taking one hundred percent of the net cost of the merchandise, and ninety - five percent of the current net price of repair parts for the merchandise as shown upon the man…
SDCL § 37-5-7.1 Time for payment of costs and charges to dealer--Final statement of account
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The payments to be made to the dealer pursuant to §§ 37-5-5 to 37-5-9 , inclusive, shall be made no later than sixty days from the date the merchandise is received by the wholesaler, manufacturer, or distributor and shall be accompanied by a final detailed statement of account th…
SDCL § 37-5-8 Failure to pay dealer on cancellation of contract--Action by dealer--Applicability of section
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If any manufacturer, wholesaler, or distributor of merchandise or repair parts for the merchandise, or their successors, upon cancellation of a contract by either a dealer or a manufacturer, wholesaler, or distributor, or their successor, fails or refuses to make payment to the d…
SDCL § 37-5-9 Death of dealer--Repurchase of merchandise, parts, and attachments--Exercise of rights by heirs
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In the event of the death of the dealer or majority stockholder in a corporation operating a dealership in the business of selling merchandise or repair parts for merchandise, the wholesaler, distributor, or manufacturer who supplied the merchandise, or its successor, shall repur…