Does a home seller have to disclose the property’s condition in South Dakota?

In South Dakota, the seller of residential property with up to four dwelling units in one structure must give the buyer the completed statutory property condition disclosure statement before the buyer makes a written offer, and a buyer who receives it or a material amendment after offering may terminate the offer by written notice within three days of personal delivery or six days of delivery by mail. The seller must furnish a written amendment if a material fact changes before closing or possession, whichever comes first. A failure to comply does not invalidate the transfer, but a person who intentionally or negligently violates the law is liable to the buyer for actual damages and repairs, and the court may award costs and attorney fees to the prevailing party. Transfers under a court order, foreclosure transfers, transfers between co-owners and the sale of newly built housing that has never been occupied are exempt. Federal law separately requires a lead-based paint disclosure when selling most homes built before 1978. This is SDCL §§ 43-4-37, 43-4-38, 43-4-39, 43-4-42, 43-4-43, 43-4-44.

WhatSouth Dakota
Seller disclosureRequired before an offer; buyer may cancel in 3 days
Kind of ruleA written property condition statement is required

What the statute says

“The seller of residential real property shall furnish to a buyer a completed copy of the disclosure statement before the buyer makes a written offer.”

Quoted word for word from the section’s text.

Source

SDCL §§ 43-4-37, 43-4-38, 43-4-39, 43-4-42, 43-4-43, 43-4-44

Read the statute in the South Dakota Codified Laws (South Dakota Legislature): sdlegislature.gov.

Checked against the statute on November 15, 2026.

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

How Seayora uses this rule

This page states the state’s rule so the costs and paperwork of a sale can be checked against it before a contract is signed. An owner on Seayora keeps each property’s owners of record and its documents in one place.

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