South Dakota Codified Laws
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.

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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.