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

(This disclosure shall be completed by the seller. This is a disclosure required by law. If you do not understand this form, seek legal advice.)Seller _________________________________________________________________________Property Address ________________________________________________________________

___________________________________________________________________________This Disclosure Statement concerns the real property identified above situated in the City of __________ County of __________, State of South Dakota.THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH § 43-4-38. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR ANY AGENT REPRESENTING ANY PARTY IN THIS TRANSACTION AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PARTIES 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 ANY MATERIAL FACT CHANGES BEFORE CONVEYANCE OF TITLE TO THIS PROPERTY, THE SELLER MUST DISCLOSE SUCH MATERIAL FACT WITH A WRITTEN AMENDMENT TO THIS DISCLOSURE STATEMENT.

I. LOT OR TITLE INFORMATION

1. When did you purchase or build the home? ________________________________________If the answer is yes to any of the following, please explain under additional comments or on an attached separate sheet.______________________________________________________________________________2. Were there any title problems when you purchased the property?Yes ____ No ____3. Are there any recorded liens or financial instruments against the property, other than a first mortgage?Yes ____ No ____4. Are there any unrecorded liens or financial instruments against the property, other than a first mortgage; or have any materials or services been provided in the past one hundred twenty days that would create a lien against the property under chapter 44-9?Yes ____ No ____ Unknown ____5. Are there any easements which have been granted in connection with the property (other than normal utility easements for public water and sewer, gas and electric service, telephone service, cable television service, drainage, and sidewalks)?Yes ____ No ____ Unknown ____6. Are there any problems related to establishing the lot lines/boundaries?Yes ____ No ____ Unknown ____7. Do you have a location survey in your possession or a copy of the recorded plat? If yes, attach a copy.Yes ____ No ____ Unknown ____8. Are you aware of any encroachments or shared features, from or on adjoining property (i.e. fences, driveway, sheds, outbuildings, or other improvements)?Yes ____ No ____9. Are you aware of any covenants or restrictions affecting the use of the property in accordance with local law? If yes, attach a copy of the covenants and restrictions.

II. STRUCTURAL INFORMATION

If the answer is yes to any of the following, please explain under additional comments or on an attached separate sheet.1. Are you aware of any water penetration problems in the walls, windows, doors, basement, or crawl space?Yes ____ No ____2. What water damage related repairs, if any, have been made?If any, when? ___________________________________________________________________3. Are you aware if drain tile is installed on the property?Yes ____ No ____4. Are you aware of any interior cracked walls or floors, or cracks or defects in exterior driveways, sidewalks, patios, or other hard surface areas?

III. SYSTEMS/UTILITIES INFORMATION

IV. HAZARDOUS CONDITIONS

Are you aware of any existing hazardous conditions of the property and are you aware of any tests having been performed?

V. MISCELLANEOUS INFORMATION

1. Is the street or road located at the end of the driveway to the property public or private?Public __________ Private __________2. Is there a written road maintenance agreement?

VI. ADDITIONAL COMMENTS (ATTACH ADDITIONAL PAGES IF NECESSARY)

____________________________________________________________________________________________________________________

CLOSING SECTION

The Seller hereby certifies that the information contained herein is true and correct to the best of the Seller's information, knowledge, and belief as of the date of the Seller's signature below. If any of these conditions change before conveyance of title to this property, the change will be disclosed in a written amendment to this disclosure statement.SELLER ____________________ DATE __________SELLER ____________________ DATE __________THE SELLER AND THE BUYER MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND INSPECTIONS OF THE PROPERTY TO OBTAIN A TRUE REPORT AS TO THE CONDITION OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN ANY CONTRACT OF SALE AS NEGOTIATED BETWEEN THE SELLER AND THE BUYER WITH RESPECT TO SUCH PROFESSIONAL ADVICE AND INSPECTIONS.I/We acknowledge receipt of a copy of this statement on the date appearing beside my/our signature(s) below. Any agent representing any party to this transaction makes no representations and is not responsible for any conditions existing in the property.BUYER ____________________ DATE __________BUYER ____________________ DATE __________

Source: SL 1993, ch 325, § 8; SL 1994, ch 337, § 4; SL 2005, ch 230, § 1; SL 2007, ch 250, § 1; SL 2008, ch 224, § 1; SL 2011, ch 196, § 13.