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We have a company in South Dakota that our company sold a

Customer Question
distribution trailer to. We ordered...
We have a company in South Dakota that our company sold a distribution trailer to. We ordered the trailer from a manufacturer in Canada and when the trailer came it was not built to specification. We paid to have the trailer repaired and now the customer is demanding that we pay them an additional 38,000 (approx) in damages and is refusing to file a claim against the mfg. saying there problem is with us the manufacturer's representative. We have acted in good faith and have also requested that the mfg reimburse us for our expenses which the manufacturer refuses to do. The customer who purchased the trailer is giving us 10 days then they will file a lawsuit against our company. What do we do?
JA: What state is this in? And how old is the mobile home?
Customer: The trailer is 6500 gallon distribution trailer for delivering fuel. Our company is based in Iowa and the customer's company is in South Dakota.
JA: Have you contacted the manufacturer?
Customer: Yes, they refuse to help us.
JA: Anything else you want the lawyer to know before I connect you?
Customer: How do we protect our company? Are there any laws in regards ***** ***** that protect us as the mfg's representative?
Submitted: 1 year ago.Category: Consumer Protection Law
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Answered in 8 minutes by:
10/9/2016
Consumer Protection Lawyer: RayAnswers, Lawyer replied 1 year ago
RayAnswers
RayAnswers, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 43,522
Experience: 30 years as Texas lawyer representing consumers
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Consumer Protection Lawyer: RayAnswers, Lawyer replied 1 year ago

They would have to sue you in Iowa here if you are located there.If they sue you in SD here you would have lawyer seek to have it dismissed.The only thing I can see you can do here is make any offer to resolve in writing so as to show good faith at trying to resolve.

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Consumer Protection Lawyer: RayAnswers, Lawyer replied 1 year ago

South Dakota Long-Arm Statute

S.D. ST § 15-7-2 (2002)

§ 15-7-2. Acts within the state subjecting persons to jurisdiction of the courts.

Any person is subject to the jurisdiction of the courts of this state as to any

cause of action arising from the doing personally, through any employee, through

an agent or through a subsidiary, of any of the following acts:

(1)

The transaction of any business within the state;

(2)

The commission of any act which results in accrual within this state

of a tort action;

(3)

The ownership, use, or possession of any property, or of any

interest therein, situated within this state;

(4)

Contracting to insure any person, property, or risk located within

this state at the time of contracting;

(5)

Entering into a contract for services to be rendered or for materials

to be furnished in this state by such person;

(6)

Acting as director, manager, trustee, or other officer of any

corporation organized under the laws of, or having its principal place of business

within this state, or as personal representative of any estate within this state;

(7)

Failure to support a minor child residing in South Dakota;

(8)

Having sexual intercourse in this state, which act creates a cause

of action for the determination of paternity of a child who may have been conceived

by that act of intercourse;

(9)

With respect to any action for divorce, separate maintenance or

spousal support the maintenance in this state of a matrimonial domicile at the time

the claim arose or the commission in this state of an act giving rise to the claim,

subject to the provisions of § 25-4-30;

(10)

Entering into negotiations with any person within the state with

the apparent objective of contracting for services to be rendered or materials to be

furnished in this state;

(11)

Commencing or participating in negotiations, mediation, arbitration

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Consumer Protection Lawyer: RayAnswers, Lawyer replied 1 year ago

or litigation involving subject matter located in whole or in part within the state;

(12)

Doing any act for the purpose of influencing legislation,

administrative rule-making or judicial or administrative decision-making by any local,

state or federal official whose official function is being performed within the state,

providing that an appearance to contest personal jurisdiction shall not be within

this subsection;

(13)

The commission of any act which results in the accrual of an action

in this state for a violation of the antitrust laws of the United States or chapter 37-1;

(14)

The commission of any act, the basis of which is not inconsistent

with the Constitution of this state or with the Constitution of the United States.

Your lawyer may be able to challenge here if they try to sue you in SD.

I appreciate the chance to help you today.Thanks again.

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Consumer Protection Lawyer: RayAnswers, Lawyer replied 1 year ago

Lawyer Referral Directory

Back to map

South Dakota

South Dakota State Bar LRS
Pierre, SD

Phone:(###) ###-####br />Toll free:(###) ###-####br />Counties Served: Statewide

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Customer reply replied 1 year ago
Ray, I don't quite understand your answer. We sent the customer a letter via our attorney and their attorney offering to submit their claim to the mfg of the trailer. We requested complete dates and invoices regarding to their claim and they refuse to contact the mfg. and they refuse to demand anything from the mfg. They say that there problem is with our company.
Consumer Protection Lawyer: RayAnswers, Lawyer replied 1 year ago

Well if you are sued you would seek to add the manufacturer to the suit as the real defendant.They probably don't want to have to deal with another out of country defendant and want to blame you as it is easier for them.Just document that you tried to resolve it, that you wrote the manufacturer and tried to get them involved.Since you are within the US you are a easier target.

But they can sue you here and try to blame you.You can seek to add the manufacturer and claim you cannot be sued here in SD.

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Consumer Protection Lawyer: RayAnswers, Lawyer replied 1 year ago

You are likely considered an agent of the manufacturer and the courts have to decide if the manufacturer is the real defendant here.

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Consumer Protection Lawyer: RayAnswers, Lawyer replied 1 year ago

The court may hold both of you liable since you sold it, they made it.The other party here wants to hold you liable because you are in the US, this would be tough to try to involve manufacturer if they are in Canada,

Thanks again let me know if you have more follow up.

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Consumer Protection Lawyer: RayAnswers, Lawyer replied 1 year ago

If you can positive rate when we are done it is always much appreciated.

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RayAnswers
RayAnswers
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Category: Consumer Protection Law
Satisfied Customers: 43,522
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Experience: 30 years as Texas lawyer representing consumers

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