South Dakota Statutes

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

South Dakota·Title 36 PROFESSIONS AND OCCUPATIONS·Ch. 36-21 REAL ESTATE LICENSING

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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Legislative History

SL 1998, ch 229, § 2.

Nearby Sections

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