South Dakota Codified Laws
Chapter 26 - Real Estate Sale Contracts
Section 43-26-5 - Rights and duties of parties as to risk of loss under contract.

43-26-5. Rights and duties of parties as to risk of loss under contract.
Any contract made after June 30, 1937 in this state for the purchase and sale of realty shall be interpreted as including an agreement that the parties shall have the rights and duties set forth in §§43-26-6 and 43-26-7, unless the contract expressly provides otherwise.

Source: SL 1937, ch 258, §1; SDC 1939 & Supp 1960, §37.1807.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 26 - Real Estate Sale Contracts

Section 43-26-1 - Agreement to sell real property binds seller.

Section 43-26-2 - Agreement by seller of real property to give usual covenants--Delivery and form of warranty deed.

Section 43-26-3 - Substance of usual covenants under agreement to sell real property where standard form of deed not delivered.

Section 43-26-4 - Agreement of joint tenants to sell real property--Joint tenancy interest not destroyed--Exception.

Section 43-26-5 - Rights and duties of parties as to risk of loss under contract.

Section 43-26-7 - Transfer of subject matter of contract for purchase and sale of realty--Destruction without fault of vendor--Taking by eminent domain--Payment of purchase price.

Section 43-26-8 - Interpretation and construction of risk of loss provisions.

Section 43-26-9 - Prepayment privilege implied in real estate contract.