The seller of residential real property shall furnish to a buyer a completed copy of the disclosure statement before the buyer makes a written offer. If after delivering the disclosure statement to the buyer or the buyer's agent and prior to the date of closing for the property or the date of possession of the property, whichever comes first, the seller becomes aware of any change of material fact which would affect the disclosure statement, the seller shall furnish a written amendment disclosing the change of material fact.
S.D. Codified Laws § 43-4-38
Buyer furnished completed disclosure statement prior to written offer--Amendment
Applied in 10 court decisions — leading case Oxton v. Rudland (2017)
Most recently applied in Remington v. Iverson (January 2025)
Source: SL 1993, ch 325, § 2; SL 1994, ch 337, § 2; SL 1995, ch 247.
How often courts cite this section
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.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.