CHAPTER 272

(SB 84)

Sellers or lessors of real property required to disclose
certain hazardous conditions.

         ENTITLED, An Act to  require certain sellers and lessors of residential property to disclose any knowledge of the existence of prior manufacturing of methamphetamines and to provide for development of a disclosure form.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That chapter 43-32 be amended by adding thereto a NEW SECTION to read as follows:

     In any hiring of a residential premises, any lessor who has actual knowledge of the existence of any prior manufacturing of methamphetamines on the premises shall disclose that information to any lessee or any person who may become a lessee. If the residential premises consists of two or more housing units, the disclosure requirements provided by this section only apply to the unit where there is knowledge of the existence of any prior manufacturing of methamphetamines.

     Section  2.  That chapter 43-4 be amended by adding thereto a NEW SECTION to read as follows:

     In any selling of a residential premises, any seller who has actual knowledge of the existence of any prior manufacturing of methamphetamines on the premises shall disclose that information to any purchaser or any person who may become a purchaser.

     Section  3.  That chapter 36-21A be amended by adding thereto a NEW SECTION to read as follows:

     The commission shall develop a disclosure form, to be filled out by the seller, regarding a purchaser's knowledge of the existence of any prior manufacturing of methamphetamines.

     Signed February 25, 2004.

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