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§ 37-5b-17 — South Dakota Law | CourtGPT
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South Dakota Legal Code

§ 37-5b-17

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37-5B-17. Delivery of disclosure document.In connection with the offer or sale of a franchise in this state, unless the transaction is exempted by the provisions of §§37-5B-12 to 37-5B-16, inclusive, it is a prohibited practice and a violation of this chapter for any person, directly or indirectly, to:(1)Fail to furnish a prospective franchisee with a copy of the franchisor's current disclosure document at least fourteen calendar-days before the prospective franchisee signs a binding agreement with, or makes any payment to, the franchisor or an affiliate in connection with the proposed franchise sale;(2)Alter unilaterally and materially the terms and conditions of the basic franchise agreement or any related agreements attached to the disclosure document without furnishing the prospective franchisee with a copy of each revised agreement at least seven calendar-days before the prospective franchisee signs the revised agreement. Any change to an agreement that arises out of negotiations initiated by the prospective franchisee does not trigger this seven calendar-day period; or(3)Fail to include all of the information required in the disclosure document if preparing the disclosure

ns initiated by the prospective franchisee does not trigger this seven calendar-day period; or(3)Fail to include all of the information required in the disclosure document if preparing the disclosure document to be furnished to a prospective franchisee. A franchise seller is liable for a violation of this subdivision if the seller either directly participated in the preparation of the disclosure document or had the authority to control those who did. Source: SL 2008, ch 203, §17.