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2021 South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 21A - Real Estate Licensing
Section 36-21A-107 - Burden of proof as to fraud or conversion--Presumption when original action was contested by debtor.
Universal Citation: SD Codified L § 36-21A-107 (2021)
36-21A-107. Burden of proof as to fraud or conversion--Presumption when original action was contested by debtor.
If an applicant's judgment is by default, stipulation or consent, or if the action against the licensee was defended by a trustee in bankruptcy, the applicant has the burden of proving his cause of action for fraudulent, deceptive or dishonest practices or conversion of trust funds. Otherwise, the judgment creates a rebuttable presumption of the alleged fraudulent, deceptive or dishonest practices or alleged conversion of trust funds.
Source: SL 1992, ch 273, ยง107.
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