South Dakota Statutes
§ 36-21A-125 — Adverse material fact defined.
For the purposes of this chapter, an adverse material fact is information that negatively affects the value of the property or a party's ability to perform its obligations in a real estate transaction. Adverse material facts include:
(1)Any environmental hazards affecting the property which are required by law to be disclosed;
(2)Any material defects in the property;
(3)Any material defects in the title to the property which are anticipated to survive the closing; and (4) Any material limitation on the client's ability to perform under the terms of the contract.
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South Dakota § 36-21A-125 (Adverse material fact defined.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
SL 1998, ch 229, § 2.
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