South Dakota Codified Laws
Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes
Section 32-7A-1 - Definitions.

32-7A-1. Definitions.
Terms used in this chapter mean:
(1)"Auxiliary lot," a physically separate location, such as a mobile home park, manufactured housing rental community, manufactured housing subdivision, or any residential lot, where a licensed dealer displays manufactured homes or mobile homes.
(2)"Dealer," any person, other than a manufacturer of a mobile home or a manufactured home, who, for a commission or with the intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale, or makes an exchange of a mobile or manufactured home or who is engaged in the business of selling mobile or manufactured homes;
(3)"Department," the Department of Revenue;
(4)"Manufactured home," a structure, transportable in one or more sections, which is eight feet or more in width or forty feet or more in length in the traveling mode, or is three hundred twenty or more square feet when erected on a site; which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities; and which contains in it the plumbing, heating, air conditioning and electrical systems. The term includes any structure which has been certified by the secretary of housing and urban development as having complied with the National Manufactured Housing Construction and Safety Standards Act of 1974 as amended and in effect on January 1, 1984;
(5)"Mobile home," a movable or portable unit, designed and constructed to be towed on its own chassis (comprised of frame and wheels), and designed to be connected to utilities for year-round occupancy. The term includes:
(a)Units containing parts that may be folded, collapsed or telescoped when being towed and that may be expanded to provide additional cubic capacity; and
(b)Units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing;
(6)"Supplemental lot," a physically separate location owned and maintained by a licensed dealer within the same county as the principal place of business;
(7)"Temporary supplemental lot," a location other than the principal place of business or supplemental lot where a licensed dealer may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, auctions, shopping center promotions or tent sales. Such temporary supplemental lots shall meet all local zoning and building codes for the type of business being conducted.

Source: SL 1984, ch 223, §1; SL 1986, ch 251, §1; SL 1998, ch 183, §1; SL 2004, ch 17, §97; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2014, ch 137, §3.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 32 - Motor Vehicles

Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes

Section 32-7A-1 - Definitions.

Section 32-7A-2 - Established place of business.

Section 32-7A-3 - License required--Exceptions--Violation as misdemeanor.

Section 32-7A-3.1 - Supplemental license for auxiliary or supplemental lots--Exemption for temporary locations.

Section 32-7A-3.2 - Temporary locations for certain purposes--Time limit--Zoning and building requirements.

Section 32-7A-4.1 - Application required--Contents.

Section 32-7A-4.2 - Grounds for denial of license or application of §§ 32-7A-4.3 to 32-7A-4.8.

Section 32-7A-4.3 - Cease and desist order for specified violations--Period of effectiveness.

Section 32-7A-4.4 - Hearing on question of whether violations occurred--Procedures.

Section 32-7A-4.5 - Finality of cease and desist order.

Section 32-7A-4.6 - Order to pay fine or suspend or revoke license upon failure to comply with cease and desist order--Deposit of monetary penalties.

Section 32-7A-4.7 - Hearing to contest order to pay fine or suspend or revoke license--Procedures.

Section 32-7A-4.8 - Finality of order to pay fine or suspend or revoke license.

Section 32-7A-5 - Bond required for license.

Section 32-7A-5.1 - Notice to surety company of denial, suspension, or revocation of license.

Section 32-7A-6 - Separate licenses for places of business in different counties.

Section 32-7A-7 - Fee for license--Renewal.

Section 32-7A-8 - Disposition of fees.

Section 32-7A-8.1 - Increase in dealer bond amount--Implementation.

Section 32-7A-9 - Time for grant or denial of license--Issuance of certificate--Form.

Section 32-7A-10 - Dealers' plates--Issuance--Use--Fees.

Section 32-7A-10.1 - Mailing fees.

Section 32-7A-11 - Transportation of manufactured and mobile homes owned by dealer.

Section 32-7A-12 - Books, records, and files kept by licensees.

Section 32-7A-12.1 - Offer to sell, sale, or exchange of mobile or manufactured home without certificate of title allowed under specified circumstances.

Section 32-7A-12.2 - Agreement that dealer will satisfy lien by paying lienholder--Trade of mobile or manufactured home or consignment agreement--Theft.

Section 32-7A-12.3 - Time period to satisfy lien after receipt of funds--Offering mobile or manufactured home for sale prior to tender to lienholder.

Section 32-7A-13 - Fraud in contracts for sale, trade or purchase prohibited--Violation as misdemeanor.

Section 32-7A-14.1 - Power of secretary to make rules and require uniformity in administration of statute--Duty of local officials.

Section 32-7A-15 - Used mobile or manufactured homes--Activities authorized by dealer or real estate license--Responsibilities of real estate licensee.

Section 32-7A-16 - Sales on consignment--Title requirements.

Section 32-7A-17 - Affidavit of taxes paid and registration of mobile home required for transfer of title--Violation as misdemeanor.

Section 32-7A-18 - Appointment of dealer inspectors--Entry--Complaints.

Section 32-7A-19 - Investigation--Purpose--Inspection--Examination.

Section 32-7A-23 - Application for injunction--Issuance without bond.