South Dakota § 57A-2-102 - Scope--Certain security and other transactions excluded from this chapter.

§ 57A-2-102. Scope--Certain security and other transactions excluded from this chapter.

(1)    Unless the context otherwise requires, and except as provided in subsection (3), this chapter applies to transactions in goods and, in the case of a hybrid transaction, it applies to the extent provided in subsection (2).

(2)    In a hybrid transaction:

(a)    If the sale-of-goods aspects do not predominate, only the provisions of this chapter which relate primarily to the sale-of-goods aspects of the transaction apply, and the provisions that relate primarily to the transaction as a whole do not apply.

(b)    If the sale-of-goods aspects predominate, this chapter applies to the transaction but does not preclude application in appropriate circumstances of other law to aspects of the transaction which do not relate to the sale of goods.

(3)    This chapter does not:

(a)    Apply to a transaction that, even though in the form of an unconditional contract to sell or present sale, operates only to create a security interest; or

(b)    Impair or repeal a statute regulating sales to consumers, farmers, or other specified classes of buyers.

Source: SL 1966, ch 150, § 2-102; SDCL, § 57-2-2; SL 2024, ch 198, § 6.