What’s on the South Dakota Seller Disclosure Form?

Published on December 11th, 2025
5 min read

Joseph Gordon Editor
Close
Joseph Gordon Editor

Email

LinkedIn
Joseph Gordon is an Editor with HomeLight. He has several years of experience reporting on the commercial real estate and insurance industries.

View profile

Selling your South Dakota home? There’s a good chance you know the condition of your property better than anyone. If you are indeed thinking about selling, you might be wondering how much you need to reveal on the South Dakota seller disclosure form, officially known as the Seller’s Property Condition Disclosure Statement.

This form provides potential buyers with a clearer picture of your property’s condition and history, enabling them to make a more informed decision. Additionally, it can also protect you from potential legal problems that could pop up from failing to disclose the full condition of your home.

In this post, we’ll tell you what to expect, how much detail to provide, and what could go wrong if you leave something out. We’ll also provide a downloadable Disclosure Litmus Test to help you identify any red flags.

What is the South Dakota seller disclosure form?

The South Dakota seller disclosure form, or Seller’s Property Condition Disclosure Statement, is a document developed by the South Dakota Association of Realtors. It’s designed to help you disclose any known issues or facts about your home that could hurt its value and the buyer’s desire to purchase the home.

South Dakota law requires sellers to disclose all material facts — in other words, anything that could impact the buyer’s use or enjoyment of the property. The Seller’s Property Condition Disclosure Statement acts as a guide to help you do this thoroughly. It covers everything from structural issues and past repairs to neighborhood conditions and HOA rules.

Note: Even if you’re selling a home “as is” in South Dakota, you’re still required to be truthful and transparent about what you know.

What’s included in the South Dakota seller disclosure form?

Below is a section-by-section summary of what you’ll be asked to disclose when selling a home in South Dakota. This is just an example of what you’ll see on your disclosure form and is not comprehensive; the actual contents of your form may vary.

Lot or title information

☐ Recorded or unrecorded liens
☐ Easements beyond standard utility easements
☐ Lot line or boundary issues
☐ Location survey or recorded plat availability
☐ Encroachments or shared features with neighboring properties
☐ Covenants, restrictions, zoning matters, or pending legal actions
☐ Whether the home is owner-occupied
☐ Owner-occupied tax reduction or property tax freeze status
☐ Lease activity, rental income, and compliance with local ordinances
☐ Required HOA or condo fees and assessments
☐ History of significant standing water on the property
☐ Floodplain status or presence of wetlands
☐ Historic designation or location within a historic district
☐ Any private transfer fee obligations

Structural information

☐ Water intrusion in walls, windows, doors, basement, or crawl space
☐ Water-related repairs or any remaining water damage
☐ Presence of drain tile
☐ Cracks or defects in interior walls, ceilings, floors, or exterior hard surfaces
☐ Roof age, condition, and any leak history or past repairs
☐ Insulation in attic, walls, or floors
☐ Pest infestations and any past treatments
☐ Work done that required building or trade permits
☐ Whether permits were obtained and approved
☐ Fire, smoke, wind, hail, flood, or storm damage
☐ Insurance claims, payouts, repairs, and unrepaired damage
☐ Sewer blockage, backup, or leakage issues

Systems/utilities information

☐ Heating and cooling systems
☐ Air exchangers, humidifiers, purifiers, and attic fans
☐ Electrical systems, including wiring, outlets, and ceiling fans
☐ Plumbing fixtures and water systems, including wells, pumps, softeners, and purifiers
☐ Major household appliances
☐ Fireplaces, inserts, wood stoves, and smoke/fire alarms
☐ Sewer or septic system components
☐ Radon mitigation system
☐ Smart home features
☐ Sump pumps
☐ Underground sprinklers
☐ Pool, hot tub, or sauna equipment
☐ Propane tank status (leased or owned)

Hazardous conditions

☐ Methane gas
☐ Lead-based paint
☐ Radon in the home or well
☐ Radioactive materials
☐ Landfills or mineshafts
☐ Expansive soil
☐ Mold
☐ Toxic materials
☐ Urea-formaldehyde foam insulation
☐ Asbestos insulation
☐ Buried fuel or chemical storage tanks
☐ Fire-retardant treated plywood
☐ Production or use of methamphetamines

Miscellaneous information

☐ Whether the street or road access is public or private
☐ Existence of a road maintenance agreement
☐ Chimney, wood stove, or fireplace cleaning history
☐ Any known homicide or suicide on the property during seller ownership
☐ Public or private water source, including date/results of last test if private
☐ Public or private sewer system, including date of last septic pump
☐ Broken windowpanes or failed seals
☐ Attached items that will not remain with the home
☐ Any other material facts not already disclosed

Additional explanations

This is a freeform space to clarify any earlier answers or provide details that didn’t fit elsewhere. If you marked “yes” to something earlier in the form, this is your opportunity to give a detailed explanation.

Download and print our Disclosure Litmus Test

Use this link to download a printable checklist (62KB) to prepare for completing the South Dakota seller disclosure form. The questions on this Seller Disclosure Litmus Test reflect the types of details and issues you may need to reveal about your home — and what buyers expect to know.

Check off any items that apply to your South Dakota property. If you’re unsure about something, make a note to ask your real estate agent or investigate further. The goal is to help you think through what needs to be documented and disclosed during the sale process.

What is not required to be disclosed? South Dakota does indeed require you to notify buyers if a murder or suicide occurred in the home in the past 12 months. However, sellers do not have to inform buyers if a previous occupant had HIV or AIDS, or if a sex offender lives nearby.

You’re also not obligated to disclose neighborhood rumors, the presence of supposed paranormal activity, or personal reasons for selling, unless you are directly asked and your answer could be seen as misleading about the property’s condition.

Common mistakes sellers make on the disclosure form

Here are some of the most common missteps sellers make when filling out the South Dakota Seller’s Property Condition Disclosure Statement:

Checking “yes” without providing an explanation: If you check a yes box that includes an “Explain” line, not providing the details could lead to problems with completing the transaction.
Guessing instead of explaining: If you’re not sure about something, don’t make assumptions — just state that you don’t know or add an explanation.
Failing to attach supporting documents: Inspection reports, permits, repair invoices, and warranties help verify your disclosures.
Not disclosing repaired issues: Even if you’ve fixed a problem listed on the form, like a roof leak or plumbing issue, it still needs to be reported.
Minimizing or softening the truth: Downplaying a defect can open you up to legal risk if the buyer later discovers the issue was worse than described.

What if you fail to disclose something important?

If you fail to disclose a known material fact about your South Dakota home, the buyer may have grounds to cancel the contract or sue you after the sale. In some cases, nondisclosure can be considered fraud under South Dakota law, particularly if the omission appears intentional. Being upfront now helps prevent bigger headaches later.

When and how buyers review the disclosure

Under South Dakota’s standard purchase contract, you’re expected to provide a completed Seller’s Property Condition Disclosure Statement before the buyer makes a written offer. The buyer then has a set review period, typically three to six days, to examine the form and decide whether to proceed, request repairs, or walk away from the deal.

Partner with a top South Dakota agent to protect your sale

Disclosing your home’s condition is one of the most important — and legally sensitive — parts of the selling process in South Dakota. A top local agent can help you understand what’s required, avoid common pitfalls, and provide expert guidance so you can complete South Dakota’s disclosure form with ease.

Unsure where to start? HomeLight’s free Agent Match platform connects you with trusted real estate agents in your South Dakota market. We analyze over 27 million transactions and thousands of reviews to determine which agent is best for you based on your goals and selling timeline.

See the top real estate agents in 7 South Dakota markets:

If you’re buying and selling at the same time, check out HomeLight’s Buy Before You Sell program, which can streamline the entire process so you only move once. Watch this short video to see how it works.

Header Image Source: (iriana88w / Deposit Photos)

At HomeLight, our vision is a world where every real estate transaction is simple, certain, and satisfying. Therefore, we promote strict editorial integrity in each of our posts.