Except as provided in § 43-4-42, a seller is not liable for a defect or other condition in the residential real property being transferred if the seller truthfully completes the disclosure statement.
S.D. Codified Laws § 43-4-40
Liability for defect disclosed in statement
Applied in 5 court decisions — leading case Engelhart v. Kramer (1997)
Most recently applied in Remington v. Iverson (January 2025)
Source: SL 1993, ch 325, § 4; SL 1994, ch 337, § 3.
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.