There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 36-21A-125 — "Adverse material fact" defined.
36-21A-125. "Adverse material fact" defined. For the purposes of this chapter, an adverse material fact is information that negatively affects the value of the property or a party's ability to perform its obligations in a real estate transaction. Adverse material facts include:
(1) Any environmental hazards affecting
the property which are required by law to be disclosed;
(2) Any material defects in the
property;
(3) Any material defects in the title to
the property which are anticipated to survive the closing;
and
(4) Any material limitation on the
client's ability to perform under the terms of the contract.
Source: SL 1998, ch 229, § 2.
Source: SL 1998, ch 229, § 2.
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