South Dakota FSBO Disclosure Requirements (2026)

South Dakota Disclosure Law

SDCL §43-4-44 requires sellers of residential property to provide a written Seller's Property Condition Disclosure to buyers before or at the time of signing a purchase agreement.

What Must Be Disclosed

Roof condition and age

Foundation or structural defects

Basement or crawl space moisture

HVAC, plumbing, and electrical systems

Well and septic condition (widespread in rural SD)

Any known environmental contamination

Hail or wind damage to roof or exterior

HOA obligations and pending assessments

Radon

South Dakota has significant radon levels, particularly in the Black Hills area. While sellers are not required to test, existing test results must be disclosed. Buyers commonly add radon contingencies.

Exemptions

New construction, foreclosure sales, estate transfers, and court-ordered sales are exempt from SD's disclosure requirement.

Penalties

Failure to disclose known material defects entitles the buyer to rescind the contract or pursue damages. South Dakota courts apply common law fraud standards to deliberate concealment cases.

Download the South Dakota disclosure form at byownerhub.com/south-dakota-fsbo-guide.