South Dakota § 43-4-51 Disclosure of private transfer fee obligations.

South Dakota Statutes

§ 43-4-51 — Disclosure of private transfer fee obligations.

South Dakota § 43-4-51

Title 43PROPERTY

Ch. 43-3TRANSFER OF PROPERTY

This text of South Dakota § 43-4-51 (Disclosure of private transfer fee obligations.) 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 § 43-4-51 (2026).

Text

Private transfer fee obligations shall be disclosed as follows:

(1)For transfers of real property subject to the disclosure requirements contained in §§ 43-4-38 to 43-4-44 , inclusive, disclosure of any private transfer fee obligations shall be made using the property condition disclosure statement set forth in § 43-4-44 ;

(2)For transfers of real property not subject to the disclosure requirements contained in §§ 43-4-38 to 43-4-44 , inclusive, each seller of real property shall furnish to any purchaser a written statement disclosing the existence of any private transfer fee obligation. This written statement shall include a description of the private transfer fee obligation and include a statement that private transfer fee obligations are subject to certain prohibitions pursuant

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Private transfer fee obligations shall be disclosed as follows: (1) For transfers of real property subject to the disclosure requirements contained in §§ 43-4-38 to 43-4-44 , inclusive, disclosure of any private transfer fee obligations shall be made using the property condition disclosure statement set forth in § 43-4-44 ; (2) For transfers of real property not subject to the disclosure requirements contained in §§ 43-4-38 to 43-4-44 , inclusive, each seller of real property shall furnish to any purchaser a written statement disclosing the existence of any private transfer fee obligation. This written statement shall include a description of the private transfer fee obligation and include a statement that private transfer fee obligations are subject to certain prohibitions pursuant to §§ 43-4-46 to 43-4-57 , inclusive. The written document must contain a statement with the following language: A private transfer fee obligation has been imposed with respect to this property. A private transfer obligation may lower the value of this property. State law prohibits the creation of private transfer fee obligations pursuant to § 43-4-49 and requires certain notice procedures to be followed with respect to private transfer fee obligations pursuant to §§ 43-4-52 to 43-4-57 , inclusive.