Key Takeaways

  • South Dakota requires sellers to provide a Seller's Property Condition Disclosure Statement before the buyer makes a written offer
  • The disclosure covers property condition, structural systems, environmental hazards, and legal issues
  • Lead-based paint disclosure IS required for pre-1978 homes (federal law)
  • Buyers may terminate an offer within 3 days (in person) or 6 days (by mail) if disclosure is provided late
  • Certain transfers are exempt including foreclosures, gifts, and transfers to government agencies
Last updated: January 2026

South Dakota Property Disclosures

South Dakota has mandatory property disclosure requirements under South Dakota Codified Law Section 43-4-37 et seq.

Mandatory Seller Disclosure

South Dakota law requires sellers of residential real property to furnish buyers with a completed Seller's Property Condition Disclosure Statement.

Timing Requirement

RequirementDetails
When to provideBefore the buyer makes a written offer
Form usedSeller's Property Condition Disclosure Statement
Who providesSeller (not the agent)

Important: Unlike some states that follow "caveat emptor" (buyer beware), South Dakota has an affirmative disclosure duty for sellers.

What Must Be Disclosed

The South Dakota property disclosure statement covers:

Property Information

CategoryExamples
Lot/title informationEasements, encroachments, boundary disputes
Structural systemsFoundation, roof, walls, windows
PlumbingWater supply, pipes, fixtures
ElectricalWiring, panels, outlets
Heating/coolingHVAC systems, fuel type

Environmental Hazards

Hazard TypeDisclosure Required
RadonKnown presence must be disclosed
AsbestosKnown presence must be disclosed
Lead-based paintRequired for pre-1978 homes (federal)
MoldKnown presence should be disclosed
Environmental contaminationKnown issues must be disclosed

Legal Issues

Issue TypeDisclosure Required
EasementsYes
Zoning violationsYes
Pending legal actionsYes
HOA requirementsYes
Property tax issuesYes

Ongoing Disclosure Duty

Sellers have a continuing duty to disclose:

A seller who becomes aware of any other conditions requiring disclosure between giving the buyer the statement and closing must amend that statement in writing.

Buyer's Right to Terminate

If the disclosure statement (or material amendment) is delivered after the buyer makes a written offer:

Delivery MethodTermination Period
In person3 days to terminate
By mail6 days to terminate

The buyer may terminate by delivering written notice to the seller or seller's agent.

Exemptions from Disclosure

The following transfers are exempt from South Dakota's disclosure requirements:

ExemptionExample
Properties not available for occupancyVacant land, commercial properties
Transfers without considerationGifts, inheritance
Foreclosure transfersBank-owned properties
Deed-in-lieu of foreclosureVoluntary transfer to lender
Court-ordered transfersDivorce decrees, probate
Transfers to/from governmentPublic agencies

Federal Lead-Based Paint Disclosure

For homes built before 1978, federal law requires:

RequirementDetails
DisclosureKnown lead-based paint hazards
PamphletEPA "Protect Your Family From Lead in Your Home"
Inspection periodBuyer has 10 days to inspect (waivable)
FormLead-Based Paint Disclosure form
Lead Warning StatementConfirming compliance in sales contract

Warning: Lead-based paint disclosure is REQUIRED regardless of any state exemptions. This is federal law under the Residential Lead-Based Paint Hazard Reduction Act of 1992.

Consequences of Non-Disclosure

ConsequenceDetails
LiabilityBuyer may sue for damages
ProtectionSeller not liable if disclosure completed truthfully
FraudIntentional misrepresentation may result in legal action
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South Dakota Property Disclosure Requirements
Test Your Knowledge

When must a South Dakota seller provide the Property Condition Disclosure Statement?

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Test Your Knowledge

If a South Dakota buyer receives the disclosure statement after making an offer, how long do they have to terminate if delivered in person?

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D
Test Your Knowledge

Which of the following transfers is EXEMPT from South Dakota disclosure requirements?

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Test Your Knowledge

Under South Dakota law, what must a seller do if they discover a new defect after providing the disclosure but before closing?

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D