LOCAL RULES: SDCL 43-4-44

South Dakota seller's disclosure requirements

Your South Dakota seller's disclosure has 3 rules to meet. ReportDraft puts every one on your checklist and checks your draft before you sign.

  • The completed statement furnished before the buyer's written offer
  • Every question answered, with Do Not Know or N/A where it fits
  • The homeowners' association documents, when an association governs the property
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In South Dakota the seller of a home with up to four units hands the buyer a completed Seller's Property Condition Disclosure Statement before any written offer. The statute itself prints the form: lot and title, structure, systems and utilities, hazardous conditions and miscellaneous questions, with the property address on each later page and initial spaces for every seller and buyer. Here is each rule with a link to the codified law.

Last reviewed October 25, 2026 against the official sources listed below.

Seller's disclosureSOUTH DAKOTA / FREE CALCULATOR

Delivery and deadlines

WhatWhenRule
Completed statement furnished to the buyerBefore the buyer makes a written offer (November 2, 2026)SDCL 43-4-38
Delivered after the written offer: the buyer may terminate the offer by written notice to the seller or the seller's agentWithin 3 days after delivery in person (by November 8, 2026), or 6 days after it was mailed (by November 11, 2026)SDCL 43-4-39
If a homeowners' association governs the property: the association disclosure, its governing documents, any assessment (amount, frequency, purpose) and three years of special onetime assessmentsBefore the buyer makes a written offerSDCL 43-4-44.1
A written amendment for any change of material fact the seller learns of (a material amendment delivered after the offer gives the buyer the same 3 or 6 days)Until closing or possession, whichever comes firstSDCL 43-4-38, 43-4-39

Dates count from the dates entered. The contract itself may set other deadlines; check it.

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What South Dakota requires

  • The law covers residential real property of not more than four family dwelling units, all in one structure, transferred by sale, exchange, installment sale contract, lease with an option to purchase, other option to purchase, or a ground lease coupled with improvementsSDCL 43-4-37
  • The seller furnishes a completed copy of the disclosure statement to the buyer before the buyer makes a written offerSDCL 43-4-38
  • The statutory form must be used, with a space at the top of each page after the first for the property address and a space at the bottom of each page for each seller and buyer to initialSDCL 43-4-44
  • Every question is answered, and any answer that needs more room is explained in the comments or on an attached sheetSDCL 43-4-44
  • If the seller learns of a change of material fact after delivering the statement and before closing or possession, whichever comes first, the seller furnishes a written amendmentSDCL 43-4-38
  • A buyer who receives the statement or a material amendment after making a written offer may terminate the offer by written notice to the seller or the seller's agent within three days after delivery in person, or six days after delivery by mailSDCL 43-4-39
  • For a property governed by a homeowners' association, the seller also furnishes before the written offer: the disclosure that an association governs it, a copy of its governing documents, a statement of any assessment with its amount, frequency and purpose, and a list of special onetime assessments from the most recent three yearsSDCL 43-4-44.1
  • Court-ordered transfers, foreclosure and deed in lieu transfers, fiduciary transfers, transfers between co-owners or to close family, and newly built homes never occupied are exemptSDCL 43-4-43
  • The seller acts in good faith; a seller who truthfully completes the statement is not liable for a defect, while one who intentionally or negligently violates the law is liable for the buyer's actual damages and repairs, with costs and attorney fees possibleSDCL 43-4-41 · SDCL 43-4-40 · SDCL 43-4-42

Who gives it, and when

Any owner selling, exchanging or granting an option on a building with one to four family units gives the buyer the completed statement before the buyer puts an offer in writing. Court-ordered and foreclosure transfers, estates and trusts, sales between co-owners or to close relatives, and never-occupied new construction are exempt. When a homeowners' association governs the home, its governing documents, assessments and three years of special assessments go to the buyer before the offer too.

Filling in the statutory form

The form is set out word for word in SDCL 43-4-44 and must be used. Title and lot, structural and miscellaneous questions take Yes, No, Do Not Know or N/A; the systems list is marked Working, Not Working, None or Not Included; each hazardous condition gets two answers, whether it exists and whether it was tested. Every later page carries the property address, and each seller and buyer initials the foot of every page.

Changes, late delivery and liability

A material change learned before closing or possession goes to the buyer as a written amendment. If the statement or a material amendment reaches the buyer after a written offer, the buyer can end that offer by written notice: within three days of hand delivery, or six days when it was mailed. A seller who answers truthfully and in good faith is protected; an intentional or negligent violation makes the seller liable for actual damages and repairs.

Common mistakes

  • Handing over the statement after the buyer has already written an offer, which opens the three or six day termination window.
  • Answering the systems list Yes or No instead of Working, Not Working, None or Not Included.
  • Giving one answer per hazardous condition: the form asks both whether it exists and whether it was tested.
  • Leaving off the property address on later pages or the initial spaces at the foot of each page.
  • Forgetting the homeowners' association documents when an association governs the home.

Sources

Last reviewed October 25, 2026. Next review due January 25, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.