South Dakota Codified Laws
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.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 37 - Trade Regulation

Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment

Section 37-5-1 - Coercion of dealer to force unwanted purchases as misdemeanor.

Section 37-5-2 - Coercion of dealer to control sales or force expenditures as misdemeanor.

Section 37-5-3 - Unfair cancellation of dealer franchise as misdemeanor.

Section 37-5-4 - Civil liability for damages from violation.

Section 37-5-5 - Cancellation of contract--Recovery of costs and charges by dealer--Transfer of title and possession.

Section 37-5-5.5 - Reimbursement for computer and signage costs incurred under requirements of wholesaler, manufacturer or distributor.

Section 37-5-6 - Contracts subject to dealer's right to recovery of costs and charges on cancellation.

Section 37-5-7 - Determination of prices to be paid to dealer on cancellation of contract.

Section 37-5-7.1 - Time for payment of costs and charges to dealer--Final statement of account.

Section 37-5-8 - Failure to pay dealer on cancellation of contract--Action by dealer--Applicability of section.

Section 37-5-9 - Death of dealer--Repurchase of merchandise, parts, and attachments--Exercise of rights by heirs.

Section 37-5-10 - Current unused complete farm implements, machinery or attachments defined.

Section 37-5-11 - Restriction of jurisdiction or venue to out-of-state forum or requiring application of foreign law prohibited.

Section 37-5-12 - Waiver of law void.

Section 37-5-12.1 - Dealer defined.

Section 37-5-12.2 - Merchandise defined.

Section 37-5-12.3 - Contract defined.

Section 37-5-12.4 - Merchandise manufacturer or supplier compensation of dealer for diagnostic and warranty work.

Section 37-5-13 - Definition of terms used in §§ 37-5-13 to 37-5-15.

Section 37-5-14 - Certain circumstances not cause for termination of dealership contract or entering into new dealership contract.

Section 37-5-15 - Certain terms or conditions in dealership contract or lease prohibited--Not applicable to lease or sale of real property.

Section 37-5-16 - Definitions.

Section 37-5-17 - Manufacturer of outdoor power equipment required to compensate retailer for warranty work--Amount of compensation.

Section 37-5-18 - Inapplicability of §§ 37-5-16 and 37-5-17 where only method of sales is through retailer with exclusive trade territory.

Section 37-5-19 - Civil action for violation of chapter.