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 § 43-4-42

Title 43PROPERTY

Ch. 43-3TRANSFER OF PROPERTY

This text of South Dakota § 43-4-42 (Residential real property disclosure statement--Liability for failure to comply.) 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 § 43-4-42 (2026).

Text

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.