37-25A-49. Civil liability for representation violations.
Any person who violates §§37-25A-43, 37-25A-45, and 37-25A-46 is liable to the purchaser who may sue either at law or in equity for rescission, for recovery of all money or other valuable consideration paid for the business opportunity and for actual damages, together with interest at the legal rate from the date of sale, reasonable attorney's fees and court costs.
Source: SL 1985, ch 305, §49.
Structure South Dakota Codified Laws
Chapter 25A - Business Opportunities
Section 37-25A-1 - Definitions.
Section 37-25A-2 - Exclusions from definition of business opportunity.
Section 37-25A-3 - Exemptions.
Section 37-25A-4 - Revocation or denial of exemption--Procedure.
Section 37-25A-6 - Offer or sale without knowledge of order revoking or denying exemption.
Section 37-25A-7 - Offer or sale of opportunity not registered or exempt prohibited.
Section 37-25A-8 - Filings required to register opportunity.
Section 37-25A-10 - Fee for registration.
Section 37-25A-11 - Effective date of registration.
Section 37-25A-12 - Term of registration--Renewal statement and fee--Sales report.
Section 37-25A-13 - Rule requiring filing of advertising and literature authorized.
Section 37-25A-14 - Delivery of written disclosure document to purchaser required.
Section 37-25A-15 - Form and content of disclosure statement.
Section 37-25A-16 - Business opportunity contract to be written--Copy to purchaser.
Section 37-25A-17 - Required contract provisions.
Section 37-25A-18 - Denial, revocation, or suspension of registration--Grounds.
Section 37-25A-19 - Limitation of revocation, suspension, or denial proceeding.
Section 37-25A-21 - Prerequisites to entry of stop order.
Section 37-25A-22 - Vacation or modification of orders--Grounds.
Section 37-25A-24 - Period bond required--Notice required prior to lapse.
Section 37-25A-25 - Use or disclosure of information by director restricted.
Section 37-25A-27 - Administration of oaths--Subpoena power--Taking evidence.
Section 37-25A-28 - Enforcement of subpoena.
Section 37-25A-31 - Appeal of director's order.
Section 37-25A-32 - Promulgation of rules and forms.
Section 37-25A-34 - Liability not imposed on acts conforming to rule, form or order.
Section 37-25A-35 - Receipt by director as filing--Records maintained--Public inspection.
Section 37-25A-36 - Interpretive opinions by director--Fee.
Section 37-25A-37 - Sales and offers subject to chapter.
Section 37-25A-38 - Offers to sell made in this state.
Section 37-25A-39 - Offers to sell accepted in this state.
Section 37-25A-40 - Offers to sell not made in this state.
Section 37-25A-41 - Conduct constituting appointment of director as attorney for service of process.
Section 37-25A-42 - Continuances where process served under chapter.
Section 37-25A-46 - Advertising with misleading statements or omissions prohibited.
Section 37-25A-47 - Violations as felonies--Separate offenses.
Section 37-25A-48 - Civil liability for registration violations.
Section 37-25A-49 - Civil liability for representation violations.
Section 37-25A-50 - Action on bond.
Section 37-25A-51 - Liability of person aiding or controlling violator.
Section 37-25A-52 - Limitation of actions to enforce civil liability.
Section 37-25A-53 - Rights and remedies under chapter additional.