A transfer that is subject to §§ 43-4-37 to 43-4-44.1, inclusive, is not invalidated solely because a person fails to comply with §§ 43-4-37 to 43-4-44.1, inclusive. However, a person who intentionally or who negligently violates §§ 43-4-37 to 43-4-44.1, inclusive, is liable to the buyer for the amount of the actual damages and repairs suffered by the buyer as a result of the violation or failure. In any court action pursuant to this section, the court may award costs and attorney fees to the prevailing party. Nothing in this section precludes or restricts any other rights or remedies of the buyer or seller.
S.D. Codified Laws § 43-4-42
Residential real property disclosure statement--Liability for failure to comply
Applied in 6 court decisions — leading case Oxton v. Rudland (2017)
Most recently applied in Center of Life Church v. Nelson (May 2018)
Source: SL 1993, ch 325, § 6; SL 2009, ch 220, § 1; SL 2024, ch 177, § 1.
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.