ENTITLED An Act to revise the seller's property condition disclosure statement.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 43-4-44 be AMENDED:
43-4-44. Property condition disclosure statement.
The following form shall be used for the property condition disclosure statement:
SELLER'S PROPERTY CONDITION DISCLOSURE STATEMENT
RESIDENTIAL-SDCL 43-4-44
Seller(s)________________________________________________________
Property Address_________________________________________________
Property Legal Description _________________________________________
This Disclosure Statement concerns the real property identified above and offered for sale. This disclosure is required by law to be completed by sellers of real property and given to potential buyers. This form can have important legal consequences. If you do not understand this form, you should seek advice from a competent source.
Seller states that the information contained in this disclosure fully reflects the Seller s knowledge of the matters disclosed as of the date affixed to the form. If any material fact changes prior to closing, the seller MUST disclose that change in a written amendment to this disclosure statement and give the same to the buyer.
This statement is a DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY in compliance with South Dakota law 43-4-38. It is NOT A WARRANTY of ANY KIND by the Seller or anyone representing any party in a transaction. It is NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES either party may wish to obtain.
Seller hereby authorizes any agent representing any party in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.
If the answer to any of the following requires more space for explanation, please fully explain in comments or on an attached separate sheet.
I. LOT OR TITLE INFORMATION
1. When did you purchase or build the home? ___________/____________
Month Year
Additional Comments
___________________________________________________________________________________________________________________________________________________________________________________________________________
II. STRUCTURAL INFORMATION
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Are you aware of any water penetration in the walls, windows, doors, basement, or crawl space? |
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Have any water damage related repairs been made? |
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Are there any unrepaired water-related damages that remain? |
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Are you aware if drain tile is installed on the property? |
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Are you aware of any interior cracked walls, ceilings or floors, or cracks or defects in exterior driveways, sidewalks, patios, or other hard surface areas? |
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Type of roof covering: ___________________ |
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Are you aware of any roof leakage, past or present? |
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Is there any existing unrepaired damage to the roof? |
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