Sell in Rapid City with Meydomo

Seller’s Property Condition Disclosure Statement

South Dakota law (SDCL §43-4-37 to 43-4-44) requires sellers of residential real property (1–4 units) to deliver a completed **Property Condition Disclosure Statement** to prospective buyers. The disclosure form is detailed in statute and by SD Real Estate Commission rules, and covers: structural condition (basement, roof, walls), utilities and systems, environmental hazards (radon, lead, etc.), appliances, any known violations of building codes or zoning, and other material defects. If the seller has not lived at the property, they still must complete it to the best of their knowledge or indicate "unknown" where applicable. Certain transfers (like between family, new construction first sale, estate exec, foreclosure by lender) are exempt. The disclosure must be given **before** or at the time the buyer signs an offer. If the seller fails to provide it by then, the buyer has the right to terminate the contract prior to closing. Sellers who knowingly misrepresent or fail to disclose a material fact on the form can be liable for actual damages. South Dakota also requires sellers to disclose if the property is subject to any special assessments or if located near a feeding operation (but those likely show up on the form’s questions about other nuisances). The form specifically asks if the seller is aware of any prior manufacturing of methamphetamines on the property – as that’s required to be disclosed (unless properly remediated under SD Dept of Health standards).

• SDCL §§43-4-38 to 43-4-43

MLS Practices

South Dakota’s primary MLS (e.g. the Black Hills MLS or Sioux Empire MLS) requires the state disclosure form be acknowledged. Often, MLS listings will have an attachment of the completed seller disclosure for other agents. The MLS itself doesn’t police the content of the disclosure but will fine if required fields aren’t filled in – e.g., heat source, sewer type, which all correspond to items on the form. Clear Cooperation applies (1 business day if publicly advertising outside MLS). The MLS remarks must adhere to fair housing rules – but in SD’s relatively smaller communities, issues rarely arise (MLS still watches for any potentially discriminatory language). Photos are required (at least one front exterior). The MLS typically has a checkbox for 'Property Condition Disclosure completed: Yes/No/Exempt'. If 'Exempt', agents expect an explanation (like estate sale). If an agent marks 'No' (which would violate law unless exempt), the MLS might flag it. But nearly always it's 'Yes' and attached. The MLS itself doesn’t have additional mandated property condition fields beyond what’s typical (beds, baths, etc., which are not exactly 'disclosures' but factual data). Sellers sometimes have older homes in rural SD with limited knowledge; they might fill much of the form as 'Unknown'. MLS agent remarks often then say 'Seller has never occupied property.' The MLS doesn’t require that note, but agents do it as courtesy.

• Black Hills MLS Rules
• SDCL §43-4-43

Lead-Based Paint Hazard Disclosure

Federal law (Residential Lead-Based Paint Hazard Reduction Act) requires sellers of homes built pre-1978 to disclose known lead-based paint hazards and provide the EPA lead hazard info pamphlet, giving buyers 10 days to conduct a lead paint inspection if desired.

• 42 U.S.C. 4852d
• 24 CFR 35

Fair Housing Act (No Discriminatory Advertising)

Under federal law, and South Dakota law, housing advertisements cannot express any bias or preference based on protected classes. For example, advertising 'no kids' or 'Christian community' in a home listing is illegal. South Dakota codifies similar protected classes for advertising (adding creed, ancestry etc.).

• 42 U.S.C. §3604(c)
• S.D. Cod. Laws §20-13-20