If there's going to be a real estate transaction in South Dakota, it tends to be preceded by a real estate purchase agreement. The idea of the document is to establish the parameters of what will become a legally binding contract for the purchase of real property.

It starts as a written offer from the buyer to the seller, which will either be accepted, declined, or negotiated.

Seller Disclosure

Different states will require that real estate purchase agreements be subject to different rules. Disclosures, for example, are very common documented declarations that sellers must make to legally be able to close the sale.

In South Dakota, there are two such real estate declarations, which are as follows:

  1. Property's condition - Formally, this is known as the Seller's Property Condition Disclosure Statement. Even before a written offer is made, the seller must provide this report to the prospective buyer, which details any known material issues. It's essentially a comprehensive breakdown of the property's condition.
  2. Real estate relationships - The Real Estate Relationships Disclosure is required when there is an existing relationship between a licensed real estate agency and a buyer or seller.

South Dakota Real Estate Purchase Agreement

Technically speaking, there is a level of creative freedom that a sale agreement is allowed to have as far as design is concerned. Elements such as the purchase price will always be present, while others such as conditions may not be. Here are the usual elements you can expect:

  1. Particulars of the sale agreement parties
  2. Purchase price of the property
  3. Closing date
  4. Responsible parties for certain costs and fees
  5. Financing contingencies
  6. Insurance
  7. Other conditions
  8. Signatures of the parties

Remember that a real estate contract is a legally binding document, so it does help to get the assistance of an attorney with the proceedings.

Key Takeaways

While there are legal elements a purchase agreement will be based on, it's not necessarily too much to deal with, especially if you have a lawyer on your side. The key takeaways here are as follows:

  • The purchase agreement must be accompanied by a condition report and a real estate relationships disclosure (where applicable)
  • Agreements do allow for some level of fluidity, but should cover all the required bases.

One certain thing is the importance of forms in South Dakota real estate dealings. Doorloop provides all the documents you need to this end, which you can easily get your hands on here!


Does South Dakota Require a Lead-based Paint Disclosure?

A lead-based paint disclosure will only come into play for properties built before 1978.

Is the Real Estate Contract Null and Void if the Closing Date Passes Before the Required Conditions Are Met?

If the seller fails to meet established conditions, the contract will likely speak to how this is handled. Each party will likely have to agree in writing on how to move forward.

Are Purchase Agreements Difficult to Draft in South Dakota?

No, especially when you have resources such as Doorloop to give you all the forms you need!

How Does an Attorney Fit into the Sales Contract Equation?

A real estate attorney has a working knowledge of the legal nuances of purchase agreements, which is an invaluable resource.

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David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. When he's not hanging with his three children, he's writing articles here!