South Dakota Statutes
§ 43-4-40 — Liability for defect disclosed in statement.
South Dakota § 43-4-40
This text of South Dakota § 43-4-40 (Liability for defect disclosed in statement.) 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 § 43-4-40 (2026).
Text
Except as provided in § 43-4-42 , a seller is not liable for a defect or other condition in the residential real property being transferred if the seller truthfully completes the disclosure statement.
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Related
Engelhart v. Kramer
1997 SD 124 (South Dakota Supreme Court, 1997)
Parmely v. Hilderbrand
1999 SD 157 (South Dakota Supreme Court, 1999)
Parmely v. Hildebrand
1999 SD 157 (South Dakota Supreme Court, 1999)
Remington v. Iverson
2025 S.D. 1 (South Dakota Supreme Court, 2025)
Center of Life Church v. Nelson
2018 SD 42 (South Dakota Supreme Court, 2018)
Legislative History
SL 1993, ch 325, § 4; SL 1994, ch 337, § 3.
Nearby Sections
15
§ 43-1-1
Property defined.§ 43-1-2
Classes of property.§ 43-1-4
Land as solid material of earth.§ 43-1-6
Law governing real property.§ 43-1-7
Law governing personal property.§ 43-10-13
Repealed§ 43-11-10
Power in trust defined.§ 43-11-11
General power in trust defined.§ 43-11-12
Special power in trust defined.§ 43-11-13
Capacity to create power.§ 43-11-14
Manner of creating power.§ 43-11-15
Vesting of power.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 43-4-40, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-4-40.