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South Dakota · SDCLSouth Dakota real estate closing laws: a checklist for transaction coordinators

South Dakota's rules for a home sale, in the order a transaction meets them: the seller of residential property with up to four units gives the buyer the completed statutory disclosure statement before the buyer makes a written offer, with a written amendment for any change of material fact before closing or possession (SDCL 43-4-38, 43-4-44). At recording, the transfer fee is fifty cents for each $500 of value or fraction, paid by the grantor (SDCL 43-4-21). When the seller inherited the house through a transfer on death deed, the transfer is recorded by an affidavit of confirmation with certified death certificates and a statement that the Department of Social Services was notified, and a good-faith purchaser for value from the beneficiary takes free of the estate's claims (SDCL 29A-6-425, 29A-6-427).

From offer to recording

  1. 1. Disclosure (SDCL 43-4-38)

    Statutory statement before the written offer; amendments until closing.

  2. 2. Transfer fee (SDCL 43-4-21)

    50¢ per $500 of value, paid by the seller.

  3. 3. Inherited by TOD deed (SDCL 29A-6-427)

    Affidavit of confirmation with death certificates.

Questions about South Dakota closings

When does a South Dakota buyer get the disclosure statement?

Before making a written offer (SDCL 43-4-38).

Who pays the South Dakota transfer fee?

The grantor – the seller (SDCL 43-4-21).

What does a South Dakota TOD beneficiary record before selling?

An affidavit of confirmation, verified under oath, with certified death certificates (SDCL 29A-6-427).

The South Dakota guides

ClosingCode links key South Dakota checklist steps to these guides – add a deal and the steps come with owners and due dates.

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Sources: SDCL 43-4-21, 43-4-38, 43-4-44, 29A-6-425, 29A-6-427 (sdlegislature.gov, read for the linked guides).

General information, not legal advice. Each point links to the guide with the details. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.