South Dakota Real Estate Purchase and Sale Agreement (Investor PDF)
An investor-ready purchase and sale agreement drafted for South Dakota transactions, plus a plain-English summary of what South Dakota law expects in a residential purchase contract. Free PDF, no signup required.
South Dakota Purchase and Sale Agreement
Free PDF • Updated July 2026
Part of our free real estate investor forms library.
What South Dakota Requires in a Purchase Contract
These are the contract and disclosure requirements our research identified for South Dakota residential transactions, with statute citations. Requirements change; always confirm the current rule before closing.
Seller's Property Condition Disclosure Statement Verbatim language required
SDCL 43-4-37 through 43-4-44 (form at 43-4-44; timing at 43-4-38; remedies at 43-4-42)
Seller of residential real property (up to 4 family units in one structure) must furnish the buyer a completed statutory disclosure statement BEFORE the buyer makes a written offer, must complete it in good faith (43-4-41), and must deliver a written amendment if any material fact changes before closing or possession; the full multi-page form text is codified verbatim at SDCL 43-4-44 and its use is mandatory
Applies to: residential real property of not more than four family dwelling units in one structure; 'transfer' includes sale, exchange, installment sale contract, and lease with option to purchase (43-4-37); exemptions at 43-4-43 (court-ordered, foreclosure/mortgagee, fiduciary, co-owner, close family, never-occupied new construction)
Federal Lead-Based Paint Disclosure Verbatim language required
42 U.S.C. 4852d; 40 CFR 745.113(a) (Subpart F)
For pre-1978 housing the sales contract must contain the verbatim Lead Warning Statement, seller's disclosure of known lead-based paint/hazards, records list, buyer acknowledgment plus 10-day inspection opportunity, and dated signatures
Applies to: pre-1978 target housing
South Dakota Closing Practice at a Glance
| Deed convention | Warranty deed is customary for arm's-length residential sales; SDCL 43-25-5 provides the standard statutory form ('grants, conveys and warrants') |
| Transfer tax | Real estate transfer fee (SDCL 43-4-21) |
| Customary payer | seller (statute imposes the fee on the grantor): fifty cents for each five hundred dollars of value or fraction thereof |
| Attorney closing | Attorney not required for a typical closing. No attorney requirement; title company closings are standard, with abstract/attorney-opinion practice surviving in some rural counties |
| Witness and notary | Grants of estates in real property must be acknowledged (notary) or, if unacknowledged, proved by a subscribing witness to be entitled to recording (SDCL 43-25-26); notary acknowledgment alone is the standard practice - no witnesses required for an acknowledged deed |
More Investor Resources
Disclaimer: This template and summary are provided free for reference and educational purposes. Clearway Home Buyers is not a law firm and does not provide legal advice, and no attorney-client relationship is created by downloading or using these forms. Real estate law varies by state and by transaction. Review any form with a licensed South Dakota attorney before use. Read the full disclaimer.
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