South Dakota § 43-4-42 Residential real property disclosure statement--Liability for failure to comply.

South Dakota Statutes

§ 43-4-42 — Residential real property disclosure statement--Liability for failure to comply.

South Dakota·Title 43 PROPERTY·Ch. 43-3 TRANSFER OF PROPERTY

A transfer that is subject to §§ 43-4-37 to 43-4-44.1 , inclusive, is not invalidated solely because a person fails to comply with §§ 43-4-37 to 43-4-44.1 , inclusive. However, a person who intentionally or who negligently violates §§ 43-4-37 to 43-4-44.1 , inclusive, is liable to the buyer for the amount of the actual damages and repairs suffered by the buyer as a result of the violation or failure. In any court action pursuant to this section, the court may award costs and attorney fees to the prevailing party. Nothing in this section precludes or restricts any other rights or remedies of the buyer or seller.

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A transfer that is subject to §§ 43-4-37 to 43-4-44.1 , inclusive, is not invalidated solely because a person fails to comply with §§ 43-4-37 to 43-4-44.1 , inclusive. However, a person who intentionally or who negligently violates §§ 43-4-37 to 43-4-44.1 , inclusive, is liable to the buyer for the amount of the actual damages and repairs suffered by the buyer as a result of the violation or failure. In any court action pursuant to this section, the court may award costs and attorney fees to the prevailing party. Nothing in this section precludes or restricts any other rights or remedies of the buyer or seller.

South Dakota § 43-4-42 (Residential real property disclosure statement--Liability for failure to comply.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.