South Dakota § 36-21A-125 Adverse material fact defined.

South Dakota Statutes

§ 36-21A-125 — Adverse material fact defined.

South Dakota § 36-21A-125

Title 36PROFESSIONS AND OCCUPATIONS

Ch. 36-21REAL ESTATE LICENSING

This text of South Dakota § 36-21A-125 (Adverse material fact defined.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 36-21A-125 (2026).

Text

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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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.