reglab/housing_qa huggingface dataset:
SD Codified L § 37-5-2 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment|Section 37-5-2 - Coercion of dealer to control sales or force expenditures as misdemeanor.

37-5-2. Coercion of dealer to control sales or force expenditures as misdemeanor.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, factory, branch, distributor, or distributor-branch, or any field representative, officer, agent, or representative of any of them, or to assign, sell, or dispose of any contract or property in any way, or to expend any money or do any other act unfair to such dealer; by threatening to cancel or terminate any franchise, agency, arrangement, or agreement existing between such manufacturer, factory, branch, distributor, distributor-branch, or any field representative, officer, agent, or representative of any of them and the dealer or by any other unfair means or by duress of any kind. Source: SL 1951, ch 262, §1; SDC Supp 1960, §54.1103; SL 1970, ch 219, §2; SL 1973, ch 200, §2; SDCL Supp, §37-5-1.1; SL 1977, ch 190, §236; SL 1995, ch 228, §2; SL 2004, ch 254, §5.
SD Codified L § 37-5-3 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment|Section 37-5-3 - Unfair cancellation of dealer franchise as misdemeanor.

37-5-3. Unfair cancellation of dealer franchise as misdemeanor.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 cancel the franchise of any dealer. Source: SL 1951, ch 262, §1; SDC Supp 1960, §54.1103; SL 1970, ch 219, §3; SL 1973, ch 200, §2; SDCL Supp, §37-5-1.1; SL 1977, ch 190, §237; SL 1995, ch 228, §3; SL 2004, ch 254, §6.
SD Codified L § 37-5-4 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment|Section 37-5-4 - Civil liability for damages from violation.

37-5-4. Civil liability for damages from violation.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, ch 190, §238.
SD Codified L § 37-5-5 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment|Section 37-5-5 - Cancellation of contract--Recovery of costs and charges by dealer--Transfer of title and possession.

37-5-5. Cancellation of contract--Recovery of costs and charges by dealer--Transfer of title and possession.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, desires to cancel or discontinue the contract; the wholesaler, manufacturer, or distributor, or successor, shall pay to the dealer, unless the dealer should desire to keep the merchandise, a sum equal to one hundred percent of the net cost of all current unused complete merchandise, including transportation and reasonable assembly charges which have been paid by the dealer and ninety-five percent of the current net prices on repair parts, including superseded parts, listed in a current price list or catalog which parts had previously been purchased from the wholesaler, manufacturer, or distributor, or predecessor, and held by the dealer on the date of the cancellation or discontinuance of the contract. The wholesaler, manufacturer, or distributor, or successor, shall also pay the dealer a sum equal to five percent of the current net price of all parts returned for the handling, packing, and loading of the parts back to the wholesaler, manufacturer, or distributor and pay any freight charges that were paid by the dealer. Upon the payment of the sum required by this section, the title to any merchandise or repair parts for the merchandise shall pass to the manufacturer, wholesaler, or distributor making the payment, and the manufacturer, wholesaler, or distributor, is entitled to the possession of the merchandise or the repair parts for the merchandise. Source: SL 1969, ch 206, §1; SL 1970, ch 219, §4; SL 1975, ch 241; SL 1989, ch 336, §1; SL 1995, ch 228, §4; SL 2000, ch 201, §1; SL 2001, ch 212, §1; SL 2004, ch 254, §7.
SD Codified L § 37-5-5.5 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment|Section 37-5-5.5 - Reimbursement for computer and signage costs incurred under requirements of wholesaler, manufacturer or distributor.

37-5-5.5. Reimbursement for computer and signage costs incurred under requirements of wholesaler, manufacturer or distributor.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 part of the dealer agreement. Upon delivery to the wholesaler, manufacturer, or distributor of any such specialized computer hardware or software, tool, or signage, the wholesaler, manufacturer, or distributor shall pay to the dealer:(1)For such computer hardware and software specifically required by the wholesaler, manufacturer, or distributor purchased within the last five years, the net cost less twenty percent per year depreciation. For purposes of this subdivision, the term, software, means software that is sourced from the wholesaler, manufacturer, or distributor, or its approved vendor, to meet the minimum requirements of the wholesaler, manufacturer, or distributor;(2)For current logoed signage constituting the principal outdoor signage required by the wholesaler, manufacturer, or distributor, identifying the dealer as its representative, the original net cost to the dealer less fifteen percent per year, but in no case less than twenty percent of the original net cost to the dealer;(3)For any specialized diagnostic or repair tool required by the wholesaler, manufacturer, or distributor which is unique to the product line and in complete, usable condition, seventy-five percent of the original net cost to the dealer if within ten years of purchase by the dealer, provided that any new, unused specialized repair tool applicable to the products of the wholesaler, manufacturer, or distributor shall be purchased at one hundred percent of the original net cost to the dealer. Source: SL 2001, ch 212, §2; SL 2004, ch 254, §8.
SD Codified L § 37-5-6 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment|Section 37-5-6 - Contracts subject to dealer's right to recovery of costs and charges on cancellation.

37-5-6. Contracts subject to dealer's right to recovery of costs and charges on cancellation.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 all other contracts entered into or renewed after July 1, 1969. Any contract in force and effect on July 1, 1969, which by its own terms will terminate on a date subsequent thereto shall be governed by the law as it existed prior to July 1, 1969. Source: SL 1969, ch 206, §1.
SD Codified L § 37-5-7 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment|Section 37-5-7 - Determination of prices to be paid to dealer on cancellation of contract.

37-5-7. Determination of prices to be paid to dealer on cancellation of contract.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 manufacturer's, wholesaler's, or distributor's price lists or catalogues in effect at the time the contract is canceled or discontinued. The prices for any specialized computer hardware and software, specialized tool, or signage shall be as specified in §37-5-5.5. For purposes of §§37-5-5 to 37-5-9, inclusive, if any dealer has actual proof of purchase of any repair parts or other merchandise from any manufacturer, wholesaler, or distributor, or its predecessor, the repair parts even though not currently listed in any price list or catalog and all other merchandise, purchased within ten years of the dealership cancellation or termination shall be repurchased at the original purchase price. Source: SL 1969, ch 206, §2; SL 1970, ch 219, §5; SL 1973, ch 200, §2; SDCL Supp, §37-5-1.1; SL 1989, ch 336, §2; SL 1995, ch 228, §5; SL 2000, ch 201, §2; SL 2001, ch 212, §3; SL 2004, ch 254, §9.
SD Codified L § 37-5-7.1 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment|Section 37-5-7.1 - Time for payment of costs and charges to dealer--Final statement of account.

37-5-7.1. Time for payment of costs and charges to dealer--Final statement of account.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 thereon. Source: SDCL, §37-5-5 as added by SL 1975, ch 241; SL 2001, ch 212, §4; SL 2004, ch 254, §10.
SD Codified L § 37-5-9 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment|Section 37-5-9 - Death of dealer--Repurchase of merchandise, parts, and attachments--Exercise of rights by heirs.

37-5-9. Death of dealer--Repurchase of merchandise, parts, and attachments--Exercise of rights by heirs.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 repurchase from the heir or heirs of the dealer or majority stockholder the merchandise at a sum equal to one hundred percent of the net cost of all current unused complete merchandise, including transportation and reasonable assembly charges that have been paid by the dealer, and ninety-five percent of the current net prices on repair parts for the merchandise, including superseded parts, listed in current price lists or catalogues, plus a sum equal to five percent of the current net price of all parts returned for handling, packing, and loading of the parts, and any specialized computer hardware or software, specialized tool, or signage as specified in §37-5-5.5, unless the heir or heirs agree to continue to operate the dealership. If the heir or heirs do not agree to continue to operate the dealership, it is deemed a cancellation or discontinuance of contract by the dealer under the provisions of §37-5-5, and as such the heir or heirs may exercise any rights and privileges under §§37-5-5 to 37-5-9, inclusive. Source: SL 1969, ch 206, §4; SL 1970, ch 219, §7; SL 1973, ch 200, §2; SDCL Supp, §37-5-1.1; SL 1989, ch 336, §4; SL 1995, ch 228, §7; SL 2000, ch 201, §4; SL 2001, ch 212, §§6, 7; SL 2004, ch 254, §12.
SD Codified L § 37-5-10 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment|Section 37-5-10 - Current unused complete farm implements, machinery or attachments defined.

37-5-10. Current unused complete farm implements, machinery or attachments defined.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 318.
SD Codified L § 37-5-11 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment|Section 37-5-11 - Restriction of jurisdiction or venue to out-of-state forum or requiring application of foreign law prohibited.

37-5-11. Restriction of jurisdiction or venue to out-of-state forum or requiring application of foreign law prohibited.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 construction equipment and a retail dealer restricting jurisdiction or venue to a forum outside this state or requiring the application of the laws of another state to disputes arising under the agreement is void as a matter of public policy. Source: SL 1991, ch 319, §1; SL 2012, ch 197, §2.
SD Codified L § 37-5-12 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment|Section 37-5-12 - Waiver of law void.

37-5-12. Waiver of law void.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 state law applying to such agreements is void as a matter of public policy. Source: SL 1991, ch 319, §2.
SD Codified L § 37-5-12.1 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment|Section 37-5-12.1 - Dealer defined.

37-5-12.1. Dealer defined.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 or exchange any merchandise as defined by this chapter from manufacturer authorized facilities in this state, or who is engaged wholly or in part in the business of selling any such merchandise from manufacturer authorized facilities in this state. The term does not include 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, from any one manufacturer or supplier of such equipment. Source: SL 2004, ch 254, §1; SL 2012, ch 197, §3.
SD Codified L § 37-5-12.2 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment|Section 37-5-12.2 - Merchandise defined.

37-5-12.2. Merchandise defined.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 tractors, farm implements, farm machinery, and attachments;(3)Industrial and construction equipment and attachments;(4)Boats and personal watercraft;(5)Snowmobiles and all-terrain vehicles, including multipurpose utility vehicles, side by sides, and similar type vehicles whether powered by electricity or by combustion engine;(6)Office furniture, equipment, supplies, and attachments;(7)Outdoor power equipment and attachments;(8)A temperature control unit; and(9)An auxiliary idle reduction and temperature management system or auxiliary power unit.For the purposes of this section, the term, temperature control unit, means a piece of equipment that is mounted on a titled vehicle (trailer, rail car, or container) for the temperature management of temperature sensitive cargo.For the purposes of this section, the term, auxiliary idle reduction and temperature management system, means a piece of equipment that is mounted on a titled vehicle, usually a semi-tractor, to enable the driver to turn off the engine yet have access to air conditioning, heat, and electric power inside the vehicle's cab. Source: SL 2004, ch 254, §2; SL 2008, ch 202, §2; SL 2010, ch 156, §21, eff. Mar. 9, 2010.
SD Codified L § 37-5-12.3 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment|Section 37-5-12.3 - Contract defined.

37-5-12.3. Contract defined.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.
SD Codified L § 37-5-12.4 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment|Section 37-5-12.4 - Merchandise manufacturer or supplier compensation of dealer for diagnostic and warranty work.

37-5-12.4. Merchandise manufacturer or supplier compensation of dealer for diagnostic and warranty work.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, parts, and labor to the dealer. Time allowances for diagnostic and performance of warranty work and service shall be adequate for the work to be performed. The hourly labor rate paid to the dealer for warranty services may not be less than the rate charged by the dealer for like service to nonwarranty customers for nonwarranty service. Reimbursement for parts used in the performance of warranty repair may not be less than the current retail rate customarily charged by the dealer for the part or parts. Source: SL 2010, ch 156, §22, eff. Mar. 9, 2010; SL 2020, ch 172, § 1.
SD Codified L § 37-5-13 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment|Section 37-5-13 - Definition of terms used in §§ 37-5-13 to 37-5-15.

37-5-13. Definition of terms used in §§37-5-13 to 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. 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, from any one manufacturer or supplier of such equipment;(2)"Dealership contract," a written agreement or contract between a manufacturer and dealer which fixes the legal rights and liabilities of the parties to such agreement or contract;(3)"Machinery," any farm vehicle as defined by §32-3-2.4 or any off-road vehicle as defined by subdivision 32-3-1(15) or merchandise as defined in subdivision 37-5-12.2(3);(4)"Manufacturer," any person engaged in the manufacturing or distribution of machinery including any person who acts for the manufacturer;(5)"Single-line dealer," any person that has purchased seventy-five percent or more of the dealer's total new product inventory from a single manufacturer of industrial and construction equipment under agreements with that manufacturer and has a total annual average sales of industrial and construction equipment volume for the three previous years with that single manufacturer in excess of fifty million dollars for the territory for which that dealer is responsible. Source: SL 1999, ch 200, §1; SL 2012, ch 197, §4.
SD Codified L § 37-5-14 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment|Section 37-5-14 - Certain circumstances not cause for termination of dealership contract or entering into new dealership contract.

37-5-14. Certain circumstances not cause for termination of dealership contract or entering into new dealership contract.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 or ownership of the dealer, unless the manufacturer can show that the change would be detrimental to the representation or reputation of the manufacturer's product;(2)Refusal by the dealer to purchase or accept delivery of any machinery, parts, accessories, or any other commodity or service not ordered by the dealer unless such machinery, parts, accessories, or other commodity or service is necessary for the operation of machinery commonly sold in the dealer's area of responsibility;(3)The sole fact that the manufacturer desires further penetration of the market;(4)The fact that the dealer owns, has an investment in, participates in the management of, or holds a dealership contract for the sale of another line-make of machinery, or that the dealer has established another line-make of machinery in the same dealership facilities as those of the manufacturer, if the dealer maintains a reasonable line of credit for each line-make of machinery; or(5)Refusal by the dealer to participate in any national advertising campaign or contest or purchase any promotional materials, display devices, or display decoration or materials which are at the expense of the dealer. Source: SL 1999, ch 200, §2.
SD Codified L § 37-5-15 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment|Section 37-5-15 - Certain terms or conditions in dealership contract or lease prohibited--Not applicable to lease or sale of real property.

37-5-15. Certain terms or conditions in dealership contract or lease prohibited--Not applicable to lease or sale of real property.No manufacturer may require a dealer to agree to the inclusion of a term or condition in a dealership contract, or in any lease or agreement ancillary or collateral to a dealership contract, as a condition to the offer, grant, or renewal of such dealership contract, lease, or agreement, that:(1)Requires the dealer to waive trial by jury in cases involving the manufacturer;(2)Requires that disputes between the manufacturer and dealer be submitted to arbitration or to any other binding alternate dispute resolution procedure. However, any dealership contract, lease, or agreement may authorize the submission of a dispute to arbitration or to binding alternate dispute resolution if the manufacturer and dealer voluntarily agree to submit the dispute to arbitration or binding alternate dispute resolution at the time the dispute arises; or(3)Requires a dealer to pay the attorney fees of a manufacturer.This section does not apply to any agreement that has as its main objective the lease or sale of real property. Source: SL 1999, ch 200, §3.