South Dakota seller's disclosure template

Set up for South Dakota

• Every question is answered, and any answer that needs more room is explained in the comments or on an attached sheetSDCL 43-4-44

Also required in South Dakota

These rules are about how and when you report, not the template's fields. Check them before you deliver.

• 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
• 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

What is in it

• Disclosure statementThe statutory opening of the statement.
• I. LOT OR TITLE INFORMATION1. When did you purchase or build the home?, 2. Are there any recorded liens or financial instruments against the property, other than a first mortgage?, 3. Are there any unrecorded liens or financial instruments against the property, other than a first mortgage; or have any materials or services been provided in the past one hundred twenty days that would create a lien against the property under chapter 44-9?, 4. Are there any easements which have been granted in connection with the property (other than normal utility easements for public water and sewer, gas and electric service, telephone service, cable television service, drainage, and sidewalks)?, 5. Are there any problems related to establishing the lot lines/boundaries?, 6. Do you have a location survey in your possession or a copy of the recorded plat? (If yes, attach a copy.), 7. Are you aware of any encroachments or shared features, from or on adjoining property (i.e. fences, driveway, sheds, outbuildings, or other improvements)?, 8. Are you aware of any covenants or restrictions affecting the use of the property in accordance with local law? (If yes, attach a copy.), 9. Are you aware of any current or pending litigation, foreclosure, zoning, building code or restrictive covenant violation notices, mechanic's liens, judgments, special assessments, zoning changes, or changes that could affect your property?, 10. Is the property currently occupied by the owner?, 11. Does the property currently receive the owner-occupied tax reduction pursuant to SDCL 10-13-39?, 12. Is the property currently part of a property tax freeze for any reason?, 13. Is the property leased?, 14. If leased, does the property use comply with applicable local ordinances?, 15. Does this property or any portion of this property receive rent?, 16. Do you pay any mandatory fees or special assessments to a homeowners' or condominium association?, 17. Are you aware if the property has ever had water in either the front, rear, or side yard more than forty-eight hours?, 18. Is the property located in a flood plain?, 19. Are federally protected wetlands located upon any part of the property?, 20. Has the property been designated as a historic property by a local governing body pursuant to SDCL 1-19B-20?, 21. Is the property located within an established historic district?, 22. Are you aware of any private transfer fee obligations, as defined pursuant to SDCL 43-4-48, that would require a buyer or seller of the property to pay a fee or charge upon the transfer of the property, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property?
• II. STRUCTURAL INFORMATION1. Are you aware of any water penetration in the walls, windows, doors, basement, or crawl space?, 2. Have any water damage related repairs been made?, 3. Are there any unrepaired water-related damages that remain?, 4. Are you aware if drain tile is installed on the property?, 5. Are you aware of any interior cracked walls, ceilings or floors, or cracks or defects in exterior driveways, sidewalks, patios, or other hard surface areas?, 6. Type of roof covering, 7. Age of roof covering, if known, 8. Are you aware of any roof leakage, past or present?, 9. Have any roof repairs been made, when and by whom?, 10. Is there any existing unrepaired damage to the roof?, 11. Are you aware of insulation in ceiling/attic?, 12. Are you aware of insulation in walls?, 13. Are you aware of insulation in the floors?, 14. Are you aware of any pest infestation or damage, either past or present?, 15. Are you aware of the property having been treated or repaired for any pest infestation or damage?, 16. Are you aware of any work upon the property which required a building, plumbing, electrical, or any other permit?, 17. Was a permit obtained for work performed upon the property?, 18. Was the work approved by an inspector as required by local or state ordinance?, 19. Are you aware of any past or present damage to the property (i.e. fire, smoke, wind, floods, hail, or snow)?, 20. Have any insurance claims been made for damage to the property?, 21. Was an insurance payment received for damage to the property?, 22. Has the damage to the property been repaired?, 23. Are there any unrepaired damages to the property from the insurance claim?, 24. Are you aware of any problems with sewer blockage or backup, past or present?, 25. Are you aware of any drainage, leakage, or runoff from any sewer, septic tank, storage tank, or drain on the property into any adjoining lake, stream, or waterway?
• III. SYSTEMS/UTILITIES INFORMATION1. Air conditioning System, 2. Air Exchanger, 3. Air Purifier, 4. Attic Fan, 5. Bathroom Whirlpool and Controls, 6. Burglar Alarm & Security System, 7. Ceiling Fan, 8. Central Air - Electric, 9. Central Air - Water Cooled, 10. Cistern, 11. Dishwasher, 12. Disposal, 13. Doorbell, 14. Fireplace, 15. Fireplace Insert, 16. Garage Door(s), 17. Garage Door Opener(s), 18. Garage Door Control(s), 19. Garage Wiring, 20. Home Heating System(s), 21. Hot Tub and Controls, 22. Humidifier, 23. In Floor Heat, 24. Intercom, 25. Light Fixtures, 26. Microwave, 27. Microwave Hood, 28. Plumbing and Fixtures, 29. Pool and Equipment, 30. Propane Tank, 31. Radon System, 32. Sauna, 33. Septic/Leaching Field, 34. Sewer Systems/Drains, 35. Smart Home System, 36. Smoke/Fire Alarm, 37. Solar House - Heating, 38. Sump Pump(s), 39. Switches and Outlets, 40. Underground Sprinkler and Heads, 41. Vent Fan - Kitchen, 42. Vent Fan - Bathroom, 43. Water Heater, 44. Water Purifier, 45. Water Softener, 46. Well and Pump, 47. Wood Burning Stove
• IV. HAZARDOUS CONDITIONS (are you aware of any existing hazardous conditions of the property, and of any tests having been performed?)1. Methane Gas: existing condition?, 1. Methane Gas: tests performed?, 2. Lead Paint: existing condition?, 2. Lead Paint: tests performed?, 3. Radon Gas (House): existing condition?, 3. Radon Gas (House): tests performed?, 4. Radon Gas (Well): existing condition?, 4. Radon Gas (Well): tests performed?, 5. Radioactive Materials: existing condition?, 5. Radioactive Materials: tests performed?, 6. Landfill, Mineshaft: existing condition?, 6. Landfill, Mineshaft: tests performed?, 7. Expansive Soil: existing condition?, 7. Expansive Soil: tests performed?, 8. Mold: existing condition?, 8. Mold: tests performed?, 9. Toxic Materials: existing condition?, 9. Toxic Materials: tests performed?, 10. Urea Formaldehyde Foam Insulations: existing condition?, 10. Urea Formaldehyde Foam Insulations: tests performed?, 11. Asbestos Insulation: existing condition?, 11. Asbestos Insulation: tests performed?, 12. Buried Fuel Tanks: existing condition?, 12. Buried Fuel Tanks: tests performed?, 13. Chemical Storage Tanks: existing condition?, 13. Chemical Storage Tanks: tests performed?, 14. Fire Retardant Treated Plywood: existing condition?, 14. Fire Retardant Treated Plywood: tests performed?, 15. Production of Methamphetamines: existing condition?, 15. Production of Methamphetamines: tests performed?, 16. Use of Methamphetamines: existing condition?, 16. Use of Methamphetamines: tests performed?
• V. MISCELLANEOUS INFORMATION1. Is the street or road located at the end of the driveway to the property public or private?, 2. Is there a written road maintenance agreement? (If yes, attach a copy of the maintenance agreement.), 3. Has the fireplace/wood stove/chimney flue been cleaned? If yes, please provide date of service., 4. Since you have owned the property, are you aware of a human death by homicide or suicide occurring on the property?, 5. Is the water source public or private?, 6. Is the sewer system public or private?, 7. Are there broken window panes or seals?, 8. Are there any items attached to the property that will not be left, such as: towel bars, mirrors, curtain rods, window coverings, light fixtures, clothes lines, swing sets, storage sheds, ceiling fans, basketball hoops, mail boxes, tv mounts, speakers, etc.?, 9. Are you aware of any other material facts which have not been disclosed on this form?
• VI. ADDITIONAL COMMENTSExplanations of any answer that needs more room, by section and number (attach additional pages if necessary).

Rules last reviewed October 25, 2026. Read the full South Dakota seller's disclosure requirements.