A dealer whose application to transfer is rejected may file an objection as provided for in § 32-6B-53, or the dealer may file a civil proceeding to challenge the denial of the transfer. In an action brought under §§ 32-6B-73 to 32-6B-78, inclusive, the burden is on the manufacturer or franchisor to prove that the prospective transferee is not qualified. An objection filed under §§ 32-6B-73 to 32-6B-78, inclusive, is a contested case.
S.D. Codified Laws § 32-6B-77
Filing objection when application rejected
Applied in 1 court decision — leading case 408 F. Supp. 2d 854 - KRANTZ, INC. v. Nissan North America, Inc. (2005)
Most recently applied in 408 F. Supp. 2d 854 - KRANTZ, INC. v. Nissan North America, Inc. (December 2005)
Source: SL 2000, ch 150, § 5; SL 2010, ch 156, § 16, eff
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.