South Dakota Codified Laws 32-5-29. Sales of vehicles prima facie evidence that seller is used car dealer–Particular parties excepted–Violations–Misdemeanor
Proof that a person, firm, partnership, limited liability company, association, trust, or corporation has engaged in the sale of five or more used motor vehicles in the course of one period of twelve consecutive months is prima facie evidence that such person, firm, partnership, limited liability company, association, trust, or corporation is a used car or secondhand car dealer and obliged as such to comply with § 32-5-27, provided that this does not apply to owners of fleets of motor vehicles, banks, savings and loan associations, finance company, bus, truck, taxicab operators, and others, when reselling vehicles acquired by them in the regular course of their principal business, and not acquired to resell at a profit. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 30 days | up to $500 |
Terms Used In South Dakota Codified Laws 32-5-29
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Source: SL 1955, ch 195, §§ 1, 2; SDC Supp 1960, §§ 44.0705, 44.9940; SL 1981, ch 312, § 4; SL 1994, ch 351, § 53.