What South Dakota requires
- Before entering a written storm damage repair contract for residential roofing, the contractor gives the customer a boldface statement (at least 10 point) of the 72-hour cancellation right and a fully completed, easily detachable NOTICE OF CANCELLATION form in duplicate, in the law's wording, attached to the contractSDCL 37-24-51
- A person who signs a written storm damage repair contract for residential roofing may cancel it within 72 hours after signing, or within 72 hours after being told the property insurer denied coverage in whole or in part, by written notice to the contractor's address in the contract (a mailed notice counts when posted). The customer still pays the supplier's reasonable documented restocking fee and the agreed or reasonable cost of emergency repairs already doneSDCL 37-24-51
- Within ten days after a storm damage repair contract is canceled, the contractor returns the insured's payments and any note or other evidence of debt for goods and services not actually performedSDCL 37-24-51
- A contractor providing residential roofing goods and services may not advertise or promise to pay or rebate all or part of any applicable insurance deductible, and any contract between that contractor and the person or entity is null and void if it doesSDCL 37-24-50
- The deductible and cancellation rules apply to residential building contractors and residential remodelers providing roofing services, and to residential roofersSDCL 37-24-49
- A sale of 25 dollars or more that the seller personally solicits and the buyer agrees to away from the seller's place of business is a door to door sale (listed exceptions apply, such as a buyer-initiated bona fide emergency with the buyer's handwritten waiver). The seller gives a dated contract or receipt with the bold three-business-day cancellation statement next to the buyer's signature, tells the buyer of the right orally, and attaches a completed NOTICE OF CANCELLATION in duplicate; failing to do so is a deceptive actSDCL 37-24-5.1 · SDCL 37-24-5.2 · SDCL 37-24-5.3 · SDCL 37-24-5.4
The 72-hour cancellation right
A written storm damage repair contract for residential roofing can be canceled within 72 hours after it is signed, and again within 72 hours after the owner hears that the insurer denied coverage in whole or in part. Before signing, the contractor hands over a bold statement of that right and an attached, detachable NOTICE OF CANCELLATION form in duplicate.
Canceling takes only a written notice sent to the address in the contract. The contractor returns payments for work not performed within ten days; the owner still covers a supplier's documented restocking fee and emergency repairs already done.
Deductibles and door to door sales
Residential roofers, and builders or remodelers doing roofing, may not advertise or promise to pay or rebate the insurance deductible. A contract made after such an offer is null and void, so a South Dakota roof report should describe the roof and leave the deductible out entirely.
When a roofer knocks on doors after a storm and signs the owner at home, the general door to door sales rules also apply: a three-business-day cancellation statement next to the signature, an oral explanation of the right, and a completed cancellation form in duplicate.
Common mistakes
- A storm roofing contract without the bold 72-hour statement and the detachable cancellation form.
- Treating the cancellation right as over once 72 hours pass from signing, when an insurance denial restarts it.
- Advertising that you will take care of the deductible.
- Holding a canceled customer's deposit longer than ten days.
- Signing a homeowner at the door without the three-business-day notice.
Sources
- SDCL 37-24-51, checked October 17, 2026
- SDCL 37-24-50, checked October 17, 2026
- SDCL 37-24-49, checked October 17, 2026
- SDCL 37-24-5.1, checked October 17, 2026
- SDCL 37-24-5.2, checked October 17, 2026
- SDCL 37-24-5.3, checked October 17, 2026
- SDCL 37-24-5.4, checked October 17, 2026
Last reviewed October 17, 2026. Next review due January 17, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.