43-4-37. Definition of terms for required disclosures in certain real estate transfers.
Terms used in §§43-4-38 to 43-4-44, inclusive, mean:
(1)"Buyer," a person negotiating or attempting to become an owner of residential real property by means of a transfer which is subject to §§43-4-38 to 43-4-44, inclusive;
(2)"Disclosure statement," the property condition disclosure statement as provided in §43-4-44;
(3)"Residential real property," all residential real property consisting of not more than four family dwelling units, all of which are contained in one structure;
(4)"Seller," an owner of residential real property;
(5)"Transfer," a sale, exchange, installment sale contract, lease with an option to purchase, other option to purchase, or a ground lease coupled with improvements.
Source: SL 1993, ch 325, §1; SL 1994, ch 337, §1.
Structure South Dakota Codified Laws
Chapter 04 - Transfer Of Property
Section 43-4-1 - Transfer of property defined.
Section 43-4-3 - Property not subject to transfer.
Section 43-4-4 - Voluntary transfer of property defined.
Section 43-4-5 - Transfer without writing where not required by statute.
Section 43-4-6 - Transfer in writing a grant.
Section 43-4-7 - Grant takes effect upon delivery by grantor--Presumption as to delivery.
Section 43-4-8 - Absolute delivery of grant required--Conditional delivery ineffective.
Section 43-4-9 - Constructive delivery of grant--Agreement of parties.
Section 43-4-10 - Constructive delivery of grant to stranger for benefit of grantee.
Section 43-4-11 - Escrow delivery of grant.
Section 43-4-12 - Redelivery of grant does not transfer title.
Section 43-4-13 - Grant interpreted as contract.
Section 43-4-14 - Construction of grant--Limitations--Operative words.
Section 43-4-15 - Irreconcilable parts of grant--Prevailing part.
Section 43-4-16 - Grantee favored in interpretation of grant--Exception.
Section 43-4-19 - Transfer of present interest and benefit of condition or covenant.
Section 43-4-20 - Definition of terms.
Section 43-4-21 - Imposition and amount of real estate transfer fee.
Section 43-4-22 - Exemptions from real estate transfer fee.
Section 43-4-23 - Exempt transfers to be marked.
Section 43-4-26 - Falsification of value of real estate or false claim of exemption as misdemeanor.
Section 43-4-37 - Definition of terms for required disclosures in certain real estate transfers.
Section 43-4-38 - Buyer furnished completed disclosure statement prior to written offer--Amendment.
Section 43-4-39 - Terminating written offer made prior to disclosure statement.
Section 43-4-40 - Liability for defect disclosed in statement.
Section 43-4-41 - Good faith disclosure required.
Section 43-4-42 - Liability for failure to comply with disclosure statement requirements.
Section 43-4-43 - Application of disclosure statement requirements.
Section 43-4-44 - Property condition disclosure statement.
Section 43-4-46 - Transfer defined.
Section 43-4-47 - Private transfer fee defined.
Section 43-4-48 - Private transfer fee obligation defined.
Section 43-4-51 - Disclosure of private transfer fee obligations.
Section 43-4-53 - Amendment to notice of transfer fee.
Section 43-4-54 - Effect of failure to record notice of private transfer fee obligation.
Section 43-4-57 - Recorded affidavit constitutes prima facie evidence of stated facts.