What Do Home Sellers Have to Disclose in South Dakota?

What are you legally required to disclose when selling a home in South Dakota?

In South Dakota, sellers of residential property must give the buyer a completed Seller’s Property Condition Disclosure Statement — required under SDCL 43-4-44 — before the buyer makes a written offer. You disclose the known condition of the lot and title, the structure, the major systems, and any hazardous conditions like radon or a buried fuel tank. Selling “as-is” does not remove that duty, and if something material changes before closing, you have to amend the form in writing.

By Tyce Ortman · August 11, 2026

Here’s the part most Sioux Falls sellers get backwards: in South Dakota, disclosure comes before the offer, not after. The buyer is supposed to have your completed disclosure statement in hand before they ever put pen to paper. It’s one of the first documents your home generates in a sale — not a formality you deal with at closing.

That timing matters. A buyer who reads your disclosure and offers anyway is telling you they’ve accepted the home’s known condition. A buyer who finds out about a problem after closing — one you knew about and didn’t write down — has a much easier path to come back at you. This is one of the most common questions sellers around Sioux Falls, Brandon, and Harrisburg ask before they list, and getting it right protects your sale long after the keys change hands.

The form itself is a standard document from the South Dakota Department of Labor and Regulation, most recently updated in 2025. You fill it out based on what you actually know. You are not promising the house is perfect. You are telling the truth about its condition to the best of your knowledge.

What the South Dakota disclosure form actually covers

The Seller’s Property Condition Disclosure Statement walks through the home system by system. You mark what you know, and where you genuinely don’t know, you can say so. The main categories are:

• Lot and title information — boundary or survey questions, easements, encroachments, shared driveways, drainage, and whether the property is in a flood zone or an HOA.
• Structural information — the foundation, roof, walls, basement, and any history of water intrusion, settling, or repairs.
• Systems and utilities — heating and cooling, electrical, plumbing, water heater, well and septic (common on acreage near Canistota and Madison), and whether each is in working order.
• Hazardous conditions — asbestos, methane, radon, mold, or buried fuel tanks.

Radon deserves a special note in eastern South Dakota. This part of the state sits in one of the higher radon zones in the country, so it’s a routine line item on disclosures and a common buyer test here. If you’ve tested and mitigated, say so — a mitigation system is a selling point, not a red flag.

A few honest qualifiers. The disclosure is not a warranty. You’re not guaranteeing anything will keep working — you’re reporting condition as you know it. It’s also not a substitute for the buyer’s inspection. Buyers still get to hire their own inspector, and most do. If you’re weighing whether to get ahead of that with a pre-listing inspection, the disclosure is exactly where that information ends up.

“As-is” doesn’t get you off the hook

This is the misunderstanding that costs sellers the most. Listing a home “as-is” means you’re not agreeing to make repairs. It does not mean you can stay quiet about problems you already know about.

Courts consistently treat “as-is” language as a repair position, not a disclosure shield. If you knowingly hide a material, not-easily-visible defect — a cracked foundation you patched over, a basement that floods every spring, a roof you know leaks — an “as-is” clause won’t protect you from a claim of misrepresentation or fraud. That kind of liability can survive the closing.

The clean way to sell as-is in South Dakota is simple: disclose the known issues honestly, price the home to reflect them, and let the buyer decide with full information. That’s very different from selling as-is to avoid disclosure. If you’re thinking through the as-is route, it’s worth reading how repairs versus selling as-is actually pencils out on price before you commit.

One more piece sellers miss: the duty to disclose doesn’t stop when you sign the form. If a material fact changes before closing — a storm damages the roof, a pipe bursts, the furnace quits — South Dakota law requires you to give the buyer a written amendment to the disclosure. Don’t assume they’ll notice on the final walkthrough. Put it in writing.

How to complete the disclosure without creating problems

The goal is a form that’s accurate, complete, and defensible. Here’s the approach I walk sellers through:

1. Fill it out yourself, from what you know. Don’t have your agent guess at answers about your home. You’ve lived there; you know where the water shows up.
2. When you don’t know, say “unknown” — don’t guess. Marking something “good” that you’ve never actually checked can be worse than admitting you don’t know.
3. Disclose the fixed stuff too. Repaired the foundation? Replaced a leaking water heater? Note the issue and the repair. A documented fix builds trust; a hidden past problem destroys it.
4. Attach documentation where you have it. Receipts, permits, radon test results, and warranty transfers back up your answers and make buyers comfortable.
5. Update it if anything changes before closing. Amend in writing and deliver it to the buyer.

Where does all this land in the transaction? Your completed disclosure goes to the buyer up front, the buyer’s inspection follows, and the whole file eventually runs through the title company — in the Sioux Falls area, that’s often First Dakota Title — which handles the closing and holds the earnest money. South Dakota doesn’t require an attorney to close, though you’re always free to bring one in for a complex situation.

Honest disclosure also has a market payoff right now. Sioux Falls inventory is tight — around 892 homes on the market in mid-2026, down roughly 30% from a year earlier, with a median sale price near $335,000 and homes going in about six weeks. In a market like that, a buyer who trusts your disclosure is a buyer less likely to renegotiate after inspection or walk away. Surprises kill deals; documented honesty holds them together. Undisclosed defects that surface late can also drag down what shows up on the appraisal and eat into what you actually net at closing.

A quick note on exemptions: South Dakota law does exempt certain transfers from the standard disclosure requirement — some court-ordered sales, estate and probate transfers, and foreclosure-related transactions, among others. If your sale is anything other than a straightforward owner-occupied resale, confirm whether the requirement applies to you before you skip the form.

Frequently Asked Questions

When do I have to give the buyer the disclosure statement in South Dakota?

Before the buyer makes a written offer. South Dakota law (SDCL 43-4-44) expects the seller of residential property to furnish a completed Property Condition Disclosure Statement up front, so the buyer is making the offer with the home’s known condition already in view.

Can I sell my Sioux Falls home “as-is” and skip the disclosure?

No. “As-is” means you won’t make repairs — it doesn’t excuse you from disclosing known material defects. Knowingly concealing a serious, hidden problem can expose you to a misrepresentation or fraud claim even after closing, regardless of an “as-is” clause.

What happens if I forget to disclose something?

If it’s something you genuinely didn’t know, that’s different from concealment. But if you knew about a material defect and left it off, the buyer may have grounds to recover repair costs or pursue a claim after closing. When in doubt, disclose it — over-disclosing is safe; hiding is not.

Do I need a lawyer or a title company to sell a home in South Dakota?

You don’t need an attorney to close in South Dakota. Most sales are handled through a title company, such as First Dakota Title, which manages the closing paperwork and holds the earnest money. You can always hire an attorney for a complicated situation.

What if something breaks after I’ve already signed the disclosure?

If a material fact changes before closing — new roof damage, a failed furnace, a plumbing leak — South Dakota law requires you to give the buyer a written amendment to your disclosure. Don’t wait for the walkthrough; document it and deliver it.

The bottom line

In South Dakota, disclosure is the first move in a clean sale, not the last. Tell the truth about your home’s condition up front, put your repairs and your unknowns in writing, and update the form if anything changes — and you’ll close with far less risk of a buyer coming back at you later.

Every home is different, and the line between “known material defect” and “normal wear” isn’t always obvious. That’s exactly the kind of question I walk my sellers through before we list. If you’re getting ready to sell in Sioux Falls, Brandon, Harrisburg, or Tea and you want a second set of eyes on your disclosure and your pricing, I’m happy to help. Buyers on the other side of the table can grab my free Sioux Falls Buyers Guide anytime. Reach out whenever you’re ready — no pressure.

This article is general information about the South Dakota disclosure process, not legal advice. For guidance on your specific situation, consult a South Dakota real estate attorney or your title company.

About Tyce Ortman

Tyce Ortman is a residential real estate agent with the Jeff Merrill Team at eXp Realty, serving Sioux Falls, South Dakota and surrounding communities including Brandon, Harrisburg, and Tea. He works with both buyers and sellers, guiding them from first search or listing all the way through closing.