S.D. Codified Laws §43-4-38
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Property Condition Disclosure — Statement Prior to Offer

General residential property disclosure statute. Seller must furnish a completed disclosure statement before the buyer makes a written offer. The mandatory form includes a question about mandatory HOA or condominium association fees, special assessments, and private transfer fee obligations. Material changes require written amendment before closing or possession. This is a seller obligation, not an association obligation. No association-specific resale certificate requirement exists in South Dakota.

Status Active
Source Official text

Reviewed · South Dakota changes feed

Statutory Text Verified Aug 5, 2026 · OTHER
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Disclosure
Ref Requirement
Seller must furnish a completed disclosure statement before the buyer makes a written offer.
General residential property disclosure statute.
Material changes require written amendment before closing or possession.
43-4-39 Three calendar days after personal delivery
Financial
Ref Requirement
The mandatory form includes a question about mandatory HOA or condominium association fees, special assessments, and private transfer fee obligations.
This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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