Seller'S Property Condition Disclosure Statement Form

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SELLER’S PROPERTY CONDITION DISCLOSURE STATEMENT
(This disclosure shall be completed by the seller. This is a disclosure required by law. If you do not understand this form, seek legal advice.)
Seller________________________________________ Property Address_____________________________________
This Disclosure Statement concerns the real property identified above situated in the City of _______________________
County of ______________________________ , State of South Dakota.
THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE
WITH § 43-4-38. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR ANY AGENT REPRESENTING ANY
PARTY IN THIS TRANSACTION AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PARTIES
MAY WISH TO OBTAIN.
Seller hereby authorizes any agent representing any party in this transaction to provide a copy of this statement to any person or entity
in connection with any actual or anticipated sale of the property.
IF ANY MATERIAL FACT CHANGES BEFORE CONVEYANCE OF TITLE TO THIS PROPERTY, THE SELLER MUST
DISCLOSE SUCH MATERIAL FACT WITH A WRITTEN AMENDMENT TO THIS DISCLOSURE STATEMENT.
I. LOT OR TITLE INFORMATION
1. When did you purchase or build the home? ________________________________
If the answer is yes to any of the following, please explain under additional comments or on an attached separate sheet.
2. Were there any title problems when you purchased the property? Yes ____ No ____
3. Are there any recorded liens or financial instruments against the property, other than a first mortgage?
Yes ____ No ____
4. Are there any unrecorded liens or financial instruments against the property, other than a first mortgage; or have any
materials or services been provided in the past one hundred twenty days that would create a lien against the property
under chapter 44-9? Yes ____ No ____ Unknown ____
5. Are there any easements which have been granted in connection with the property (other than normal utility easements
for public water and sewer, gas and electric service, telephone service, cable television service, drainage, and
sidewalks)? Yes ____ No ____ Unknown ____
6. Are there any problems related to establishing the lot lines/boundaries? Yes ____ No ____ Unknown ____
7. Do you have a location survey in your possession or a copy of the recorded plat? If yes, attach a copy.
Yes ____ No ____ Unknown ____
8. Are you aware of any encroachments or shared features, from or on adjoining property (i.e. fences, driveway, sheds,
outbuildings, or other improvements)? Yes ____ No ____
9. Are you aware of any covenants or restrictions affecting the use of the property in accordance with local law? If yes,
attach a copy of the covenants and restrictions. Yes ____ No ____
10. Are you aware of any current or pending litigation, foreclosure, zoning, building code or restrictive covenant violation
notices, mechanic's liens, judgments, special assessments, zoning changes, or changes that could affect your property?
Yes ____ No ____
11. Is the property currently occupied by the owner? Yes ____ No ____
12. Does the property currently receive the owner occupied tax reduction pursuant to SDCL 10-13-39? Yes ____ No ____
13. Is the property currently part of a property tax freeze for any reason? Yes ____ No ____ Unknown ___
14. Is the property leased? Yes ____ No ____
15. If leased, does the property use comply with local zoning laws? Yes ____ No ____
16. Does this property or any portion of this property receive rent? Yes ____ No ____
If yes, how much $____ and how often ____?

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