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South Dakota · SDCL 43-4-38South Dakota Seller's Property Condition Disclosure Statement

In South Dakota the seller of residential property with up to four units in one structure gives the buyer the completed statutory disclosure statement (SDCL 43-4-44) before the buyer makes a written offer (SDCL 43-4-38). If a material fact changes before closing or possession, whichever comes first, the seller gives a written amendment. A seller who truthfully completes the form is not liable for disclosed conditions; a person who intentionally or negligently violates the law is liable for actual damages and repairs.

The rules

  1. Which transfers (43-4-37)

    Residential property of not more than four family dwelling units in one structure – sale, exchange, installment contract, lease-option, option or ground lease with improvements.

  2. When (43-4-38)

    A completed copy of the statutory statement before the buyer makes a written offer.

  3. Amendments (43-4-38)

    A written amendment for any change of material fact learned before closing or possession, whichever comes first.

  4. Liability (43-4-40, 43-4-42)

    No liability for a condition truthfully disclosed. Intentional or negligent violations: actual damages and repairs, with costs and attorney's fees possible. The transfer is not invalidated.

What the TC tracks

  • The statement in the buyer's hands before the written offer – initialed on each page.
  • Written amendments before closing or possession.
  • Copies of both in the file.

Questions about the South Dakota disclosure

When must a South Dakota seller give the disclosure statement?

Before the buyer makes a written offer (SDCL 43-4-38).

Must a South Dakota seller update the disclosure?

Yes, with a written amendment for any change of material fact before closing or possession, whichever comes first.

Is the South Dakota disclosure form set by law?

Yes, the form is written into SDCL 43-4-44.

What is the penalty for not complying in South Dakota?

A person who intentionally or negligently violates the law is liable for actual damages and repairs; the court may award costs and attorney's fees (SDCL 43-4-42).

Does a missing disclosure undo the sale in South Dakota?

No. The transfer is not invalidated solely because someone failed to comply.

Related guides

Keep the signed statement and any amendment with the deal documents in ClosingCode, with the date each reached the buyer.

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Source: South Dakota Codified Laws §§43-4-37 to 43-4-44 (sdlegislature.gov, read October 24, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.