37-5-1. Coercion of dealer to force unwanted purchases 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 purchase or accept delivery of any merchandise, repair parts for […]
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.
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 […]
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 […]
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 […]
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 […]
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.
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, […]
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 […]
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 […]
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 […]
37-5-16. Definitions. 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 equipment, handheld lawn and garden equipment, snow removal equipment, and small engines […]
37-5-17. Manufacturer of outdoor power equipment required to compensate retailer for warranty work–Amount of compensation. 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. […]
37-5-18. Inapplicability of §§37-5-16 and 37-5-17 where only method of sales is through retailer with exclusive trade territory. 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 […]
37-5-19. Civil action for violation of chapter. 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 197, […]
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, […]
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. […]
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 […]
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 […]
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 […]
