21.669.11 96th Legislative Session 819

2021 South Dakota Legislature

Senate Bill 140

Introduced by: Senator David Johnson

An Act to revise certain provisions regarding disclosures for newly constructed properties.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 43-4-43 be AMENDED.

43-4-43. Disclosure statements--Exempt transfers.

Sections 43-4-37 to 43-4-44, inclusive, do not apply to the following transfers:

(1) Transfers pursuant to court order, including transfers ordered by probate court in the administration of an estate, transfers between spouses resulting from a judgment of dissolution of marriage or legal separation, transfer pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain, transfers by government agencies, and transfers resulting from a decree for specific performance;

(2) Transfers to a mortgagee by a mortgagor in default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, transfers by a mortgagee or a beneficiary under a deed of trust who has acquired the real property by foreclosure or by a deed in lieu of foreclosure or transfers by a collateral assignment of beneficial interest;

(3) Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;

(4) Transfers from one co‑owner to one or more other co‑owners;

(5) Transfers made to a spouse, a child, a parent, a sibling, a grandchild, or a grandparent;

(6) Transfers of newly constructed residential real property which has never been occupied, except the seller shall disclose any individual condition or conditions of the property applicable under § 43-4-44 that the seller knows or has reason to suspect.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.