S.D. Codified Laws § 43-4-37

Definition of terms for required disclosures in certain real estate transfers

Applied in 5 court decisions — leading case Jacquot v. Rozum (2010)

Most recently applied in Remington v. Iverson (January 2025)

Source: SL 1993, ch 325, § 1; SL 1994, ch 337, § 1.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Terms used in §§ 43-4-38 to 43-4-44, inclusive, mean:

(1) "Buyer," a person negotiating or attempting to become an owner of residential real property by means of a transfer which is subject to §§ 43-4-38 to 43-4-44, inclusive;

(2) "Disclosure statement," the property condition disclosure statement as provided in § 43-4-44;

(3) "Residential real property," all residential real property consisting of not more than four family dwelling units, all of which are contained in one structure;

(4) "Seller," an owner of residential real property;

(5) "Transfer," a sale, exchange, installment sale contract, lease with an option to purchase, other option to purchase, or a ground lease coupled with improvements.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.