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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 32-6B-72: Succession--Refusal to honor.

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Where this section sits in the code
  1. TITLE 32. MOTOR VEHICLES
  2. CHAPTER 32-6B. REGULATION OF VEHICLE DEALERS

If a franchisor believes that good cause exists to refuse to honor the intended succession under § 32-6B-71, the franchisor shall serve the named successor written notice of refusal to honor the intended succession within sixty days of its receipt of the notice of intended succession, or within sixty days of receiving the information requested pursuant to § 32-6B-71, whichever is later. The notice shall contain specific grounds for the refusal to honor the succession.

If the notice of refusal to honor the intended succession is not timely served upon the intended successor, the successor may continue the franchise subject only to termination as otherwise permitted in this chapter.

In determining whether good cause exists for the refusal to honor the intended succession, the franchisor has the burden of proving that the intended successor is not a person of good moral character or does not meet the franchisor's existing and reasonable standards. Good cause for refusal to honor succession does not include the owner's dealership being dualed with another franchisor's line.

Collected 2026-09-03T15:18:57Z. Source file · JSON

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